South Dakota House Rejects Kratom Ban 39-27, Making It Third State to Defeat Outright Prohibition This Session

Why it matters

South Dakota's defeat of HB 1151 illustrates the growing legislative divide over kratom: even states with documented kratom-related deaths are struggling to pass outright bans as representatives weigh prohibition against access concerns.

The big picture

South Dakota HB 1151 was introduced by nine Republican lawmakers after the state Department of Health reported six kratom-related deaths in 2024. The bill advanced out of committee 8-4, with five bereaved family members testifying in support. However, it failed on the full House floor on February 17, 2026, continuing a pattern seen in other states like Utah — where an outright ban was similarly abandoned — and Wyoming, where a ban advanced in the Senate but shifted to age restrictions in the House.

Key findings

• South Dakota HB 1151, which would have banned the sale, distribution, and possession of kratom as a Class 2 misdemeanor, failed in the House 27 in favor and 39 against
• The South Dakota Department of Health reported six kratom-related deaths in 2024, forming the primary impetus for the bill
• Five family members of kratom-related death victims testified in committee in support of the ban
• The bill passed committee 8-4 before being defeated on the full House floor
• An earlier Senate bill (SB 77) also failed a floor vote in January 2026, meaning kratom faces no imminent statewide regulation in South Dakota

What they say

According to bill sponsors, the legislation was prompted by "six kratom-related deaths" in 2024 and testimony from bereaved families who described losing loved ones to what they characterized as an unregulated addictive substance.

Bottom line

South Dakota's second failed kratom ban in two months reveals how difficult it is to build a legislative majority for outright prohibition — even when fatalities have been documented and bereaved families testify.