Is Kratom Legal in South Carolina? (2026 Law)

Kratom is not listed as a controlled substance in South Carolina: the state's drug schedules in Chapter 53 of Title 44, including Schedule I at S.C. Code 44-53-190, do not list the plant, mitragynine or 7-hydroxymitragynine (7-OH). Instead, the South Carolina Kratom Consumer Protection Act (S.C. Code 44-53-2010 to 44-53-2040), in effect since July 11, 2025, bars kratom processors and retailers from selling kratom products to anyone under 21, sets product and label rules, and makes retailers liable to civil penalties for violations.

Two 2026 developments sit alongside the Act. H.4641, a bill that would put kratom alkaloids, including mitragynine and 7-OH, in Schedule I, passed the House but is not law, and a September 2026 Department of Public Health order added three 7-OH-related compounds to Schedule I without touching kratom leaf, mitragynine or 7-OH. For other states, see our guide to kratom laws by state.

Information last verified on 2026-10-11. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers South Carolina state law on kratom: the Kratom Consumer Protection Act (Article 20 of Chapter 53, Title 44, S.C. Code 44-53-2010 to 44-53-2040), the Schedule I list and possession and distribution penalties in S.C. Code 44-53-190 and 44-53-370, the Department of Public Health's September 25, 2026 scheduling order, the pending bill H.4641, and one paragraph on federal law. It does not cover city or county ordinances, employer drug-testing policies, military rules or other states' laws.

Is kratom legal in South Carolina?

Kratom is not named in South Carolina's schedules. Schedule I (S.C. Code 44-53-190) and the other schedules in Chapter 53 do not list kratom, mitragynine or 7-hydroxymitragynine. Within Chapter 53, kratom appears only in Article 20, the Kratom Consumer Protection Act.

The Act regulates how kratom products are made, labeled and sold. Its duties fall on kratom processors and retailers, and its only penalty is a civil penalty for retailers. Article 20 sets no criminal penalty and creates no offense for a person who buys or possesses kratom.

The General Assembly passed the Act as S.221. The bill page records: "05/08/25 Ratified R 53 05/12/25 Signed By Governor 05/19/25 Effective date 07/11/25 05/19/25 Act No. 35." The code's history line for each section of Article 20 reads "2025 Act No. 35 (S.221), SECTION 1, eff July 11, 2025."

What the Kratom Consumer Protection Act covers

Section 44-53-2010 defines the terms "as used in this article." Two definitions set the Act's reach:

"(3) "Kratom" means any part of the tropical evergreen plant mitragyna speciosa. ... (5) "Kratom product" means any food or dietary ingredient, produced as a food, drink, powder, pill, capsule, or any other format intended for oral consumption that: (a) contains any part of the leaf of the plant mitragyna speciosa, either on its native leaf or extracted form; or (b) contains any kratom alkaloids or constituents, or synthesized metabolites of any kratom alkaloids or constituents."

A kratom product therefore includes leaf products, extracts and products containing kratom alkaloids or their synthesized metabolites, in any oral format. The Act's rules apply to products meeting that definition.

Kratom age limit and sales rules in South Carolina

Section 44-53-2020 lists what processors and retailers may not do:

"(A) It is unlawful for a kratom processor or kratom retailer to: (1) distribute, dispense, or sell any kratom product to any individual under twenty-one years of age; or (2) prepare, manufacture, distribute, dispense, or sell any kratom product that: (a) is adulterated with a dangerous non-kratom substance that affects the quality or strength of the product to such a degree that it may injure a consumer; (b) contains a poisonous or otherwise harmful non-kratom ingredient including, but not limited to, any substance listed in Section 44-53-190, 44-53-210, 44-53-230, 44-53-250, or 44-53-270; (c) contains a fully synthetic alkaloid including, but not limited to, fully synthetic mitragynine, fully synthetic 7-hydroxymitragynine, or any other fully synthetically derived compound of the plant mitragyna speciosa; (d) contains levels of residual solvents higher than the standards set forth in Chapter 467 of the U.S. Pharmacopeia-National Formulary (USP-NF); or (e) does not meet the labeling requirements established pursuant to Section 44-53-2030 and a regulation promulgated to implement the provisions of that section."

Subsection (B) adds a display rule: "It is unlawful for a kratom retailer to display or store a kratom product in a retail location in a manner that would allow the product to be accessed by an individual under twenty-one years of age."

The age limit is 21, and it is written as a duty on processors and retailers. Article 20 does not make it an offense for a person under 21 to buy or possess kratom.

Kratom label requirements

Section 44-53-2030 requires every kratom product to carry a clear label. Among the required items are "(1) a list of the ingredients used in the manufacture of the product; (2) the amount of mitragynine and 7-hydroxymitragynine contained in the product; ... (8) a statement that the sale or transfer of the product to a person under twenty-one years of age is prohibited." The list is introduced with the words "including, but not limited to," so these are minimum contents.

Section 44-53-2020(A)(2)(e) also refers to "a regulation promulgated to implement the provisions of" the label section. In a December 10, 2025 opinion requested by the Department of Public Health, the Attorney General's office concluded that the Act "does not contain an enabling statute which would authorize the Department of Public Health, or any entity, to promulgate rules or regulations relating to the Act."

Penalties under the Kratom Consumer Protection Act

Section 44-53-2040 sets one penalty:

"A retailer found to be in violation of Section 44-53-2020 or 44-53-2030, or a regulation promulgated pursuant to the provisions of this article, is subject to a civil penalty of not more than one thousand dollars for a first offense and a civil penalty of not more than two thousand dollars for a second or subsequent offense."

The penalty is civil, not criminal. Section 44-53-2040 names retailers; it sets no separate penalty for a processor, no criminal or felony tier, and it does not name the agency that imposes the penalty.

The same Attorney General opinion found that the Act "does not explicitly give any entity the authority to levy these civil penalties or to pursue these penalties in court," and said the General Assembly "may need to amend the statute" to make clear who enforces it. An Attorney General opinion is advisory and does not bind a court, and the age-21 and label duties remain in the statute.

Is 7-OH legal in South Carolina?

7-hydroxymitragynine is not on South Carolina's schedules, and the Kratom Consumer Protection Act sets no percentage or milligram limit on it. The Act reaches 7-OH in two ways: section 44-53-2020(A)(2)(c) bars products that contain "fully synthetic 7-hydroxymitragynine," and section 44-53-2030 requires labels to state the amount of 7-OH a product contains.

South Carolina also has a controlled substance analogue offense. S.C. Code 44-53-110 defines a controlled substance analogue as "a substance that is intended for human consumption and that either has a chemical structure substantially similar to that of a controlled substance in Schedules I, II, or III or has a stimulant, depressant, analgesic, or hallucinogenic effect on the central nervous system that is substantially similar to that of a controlled substance in Schedules I, II, or III." Section 44-53-370(a)(1) makes it unlawful to manufacture, distribute, dispense, deliver or purchase a controlled substance analogue, to aid, abet, attempt or conspire to do any of those things, or to possess an analogue with intent to manufacture, distribute, dispense, deliver or purchase it, and 44-53-370(b)(2) makes that a felony punishable by up to five years, a $5,000 fine, or both for a first offense. The simple-possession offense in 44-53-370(c) applies to possessing "a controlled substance" and does not mention analogues. The Kratom Consumer Protection Act regulates rather than prohibits the sale of kratom products to adults 21 and older, and this page cites no South Carolina decision applying the analogue definition to kratom alkaloids, so whether a particular product, such as a concentrated 7-OH product, could be treated as an analogue is unsettled.

On September 25, 2026, the Acting Director of the Department of Public Health signed an order titled "Placement of Three 7-Hydroxymitragynine Related Substances in Schedule I." It provides:

"THEREFORE, the Department of Public Health adopts the federal scheduling of mitragynine pseudoindoxyl, MGM-15, and MGM-16, including their isomers, esters, ethers, salts and salts of isomers, esters and ethers, into Schedule I of the South Carolina Controlled Substances Act, S.C. Code Section 44-53-190."

The order covers those three compounds only. It does not schedule kratom leaf, mitragynine or 7-OH. It is an order adopting a federal temporary scheduling order, not a temporary rule, and its text states no separate effective date and no expiration date. The department lists it on its new schedules of controlled substances page.

Because the three compounds are now Schedule I substances, the penalties of S.C. Code 44-53-370 apply to them, not to kratom products as such. The order does not say which subsection of Schedule I the three compounds join, and section 44-53-370 sets its penalties by subsection. If they are not treated as narcotic drugs listed in Schedule I (B) or (C), knowing possession is a misdemeanor under 44-53-370(d)(2): "imprisoned not more than six months or fined not more than one thousand dollars, or both," and up to one year or $2,000 for a second or later offense. Manufacture, distribution or possession with intent to distribute is then a felony under 44-53-370(b)(2), with up to five years, a $5,000 fine, or both for a first offense. If a court treats them as narcotic drugs in Schedule I (B) or (C), the higher tiers apply: up to two years for first-offense possession under 44-53-370(d)(1), and up to fifteen years for a first distribution offense under 44-53-370(b)(1).

H.4641: the 2026 bill to schedule kratom alkaloids

H.4641 is a bill, not law. The legislature's bill page describes it as:

"A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 44-53-190, RELATING TO SCHEDULE I CONTROLLED SUBSTANCES, SO AS TO ADD KRATOM TO THE CONTROLLED SUBSTANCES LISTED IN SCHEDULE I; AND BY REPEALING ARTICLE 20 OF CHAPTER 53, TITLE 44 RELATING TO THE SOUTH CAROLINA KRATOM CONSUMER PROTECTION ACT."

The bill page shows the House read it a third time on April 30, 2026, by a roll call of 98 yeas to 4 nays, and sent it to the Senate, where it was referred to the Committee on Medical Affairs that same day. The page shows no later action.

The House amended the bill on April 29, 2026, and the version it passed no longer matches that title; the printed text carries the note "Amend Title To Conform." That version keeps Article 20 and makes two changes. It rewrites 44-53-2020(A)(2)(c) so that a kratom processor or retailer may not prepare, manufacture, distribute, dispense or sell a kratom product that "contains an alkaloid including, but not limited to, mitragynine, 7-hydroxymitragynine, or any other synthetically derived compound of the plant mitragyna speciosa," dropping the words "fully synthetic." It also adds a new subsection (G) to Schedule I covering "Any alkaloid, salt, isomer, compound, derivative, precursor, homologue, analogue, or other preparation thereof, that is substantially chemically equivalent or identical to kratom and including, but not limited to, mitragynine, 7-hydroxymitragynine, or any other synthetically derived compound of the plant mitragyna speciosa." It would take effect on the Governor's approval. The Senate could still change it. Until a bill is enacted, the Kratom Consumer Protection Act described above is the law.

Federal kratom law and South Carolina's adoption rule

Federal law does not list kratom leaf, mitragynine or 7-hydroxymitragynine in Schedule I. The October 6, 2026 version of 21 CFR 1308.11 carries only three kratom-related entries, mitragynine pseudoindoxyl, MGM-15 and MGM-16, placed there by a DEA temporary order effective August 26, 2026 (91 FR 54948), the order South Carolina adopted. DEA's July 6, 2026 notice of intent to schedule 7-OH above a threshold (91 FR 40917) is being withdrawn in a separate document, according to the new DEA notice of intent described next. A new DEA notice of intent (FR Doc. 2026-20943), filed for public inspection on October 9, 2026 and scheduled for publication on October 14, 2026, proposes temporary Schedule I control of 7-OH and mitragynine pseudoindoxyl above a threshold: more than 1 mg per gram for solids or 1 mg per milliliter for liquids, or where the amount of mitragynine divided by the amount of those substances is less than 100. A second DEA notice of intent filed the same day (FR Doc. 2026-20942) proposes a new temporary order that would keep MGM-15 and MGM-16 in Schedule I "without change". Neither notice is an order, and the DEA says neither new order will be issued before 30 days after publication, about November 13, 2026. The August 26, 2026 order stays in effect until it expires (a temporary order expires after two years unless extended by up to one year) or is replaced by the new temporary orders, whichever comes first. The FDA says kratom is not lawfully marketed in the United States as a drug product, a dietary supplement or a food additive in conventional food, and it "has warned consumers not to use kratom because of the risk of serious adverse events, including liver toxicity, seizures, and substance use disorder (SUD)." Our kratom laws by state hub covers the federal layer in more detail.

South Carolina ties its schedules to federal action through S.C. Code 44-53-160. The code's Editor's Note explains that "Section 44-53-160(B) authorizes the Department of Public Health, formerly the Department of Health and Environmental Control, to add, delete, or reschedule a substance as a controlled substance when the General Assembly is not in session, and Section 44-53-160(C) requires the department to make such changes to conform to federal law." The September 2026 order rests on subsection (C). Act No. 146 of 2026, approved May 15, 2026 and effective on approval, rewrote that subsection: it now directs the Director of the Department of Public Health to add, delete or reschedule a substance "within thirty days after publication in the federal register of the final order" changing its federal status, and to post the change "specifying the effective date of the change." The online code page had not yet been updated for Act No. 146 of 2026 and still prints the earlier text of 44-53-160(C), so the act is the source for the current wording. If DEA issues a temporary order on 7-OH, that subsection is the route by which South Carolina would conform; no South Carolina order schedules 7-OH as of October 11, 2026.

Driving and criminal records

Kratom's legal status does not make it lawful to drive impaired: S.C. Code 56-5-2930(A) makes it unlawful to drive "under the influence of any other drug or a combination of other drugs or substances which cause impairment to the extent that the person's faculties to drive a motor vehicle are materially and appreciably impaired," alone or combined with alcohol. South Carolina's per se offense (56-5-2933) is set by alcohol concentration only, and the state has no per se rule for any amount of a drug or metabolite, so a drug-based DUI charge turns on proof of impairment. Penalties are covered in our guide to South Carolina DUI laws. A civil penalty under the Kratom Consumer Protection Act is not a criminal conviction, but a conviction under 44-53-370 involving one of the three scheduled compounds is; whether such a record can later be cleared is covered in our guide to South Carolina expungement laws.

Related

• Kratom laws by state
• South Carolina DUI laws
• South Carolina expungement laws
• South Carolina psilocybin mushroom laws

This article provides general legal information about South Carolina state law as of October 11, 2026. It is not legal advice. South Carolina code quotations come from the official code pages of the South Carolina Legislative Services Agency. For advice about a specific situation, contact a lawyer licensed in South Carolina or the South Carolina Department of Public Health.

Last updated: 2026-10-11.

Frequently Asked Questions

Is kratom legal in South Carolina?

Kratom is not listed as a controlled substance in South Carolina; the state schedules do not list kratom, mitragynine or 7-OH. South Carolina's controlled substance analogue offense (S.C. Code 44-53-110, 44-53-370) is a separate question; this page cites no decision applying it to kratom. Sales are regulated by the Kratom Consumer Protection Act (S.C. Code 44-53-2010 to 44-53-2040), which bars sales to anyone under 21 and sets product and label rules.

What is the kratom age limit in South Carolina?

Twenty-one. S.C. Code 44-53-2020(A)(1) makes it unlawful for a kratom processor or retailer to distribute, dispense or sell any kratom product to an individual under 21. The rule is written as a duty on sellers.

Is 7-OH legal in South Carolina?

7-hydroxymitragynine is not listed on South Carolina's schedules; whether the state's controlled substance analogue offense could reach a particular 7-OH product is unsettled. The Kratom Consumer Protection Act sets no 7-OH cap but bars products containing fully synthetic 7-OH, and a September 25, 2026 Department of Public Health order scheduled three related compounds (mitragynine pseudoindoxyl, MGM-15 and MGM-16), not 7-OH itself.

Is South Carolina banning kratom?

H.4641 passed the House 98-4 on April 30, 2026. The version the House passed would add kratom alkaloids, including mitragynine and 7-OH, to Schedule I and bar processors and retailers from selling kratom products that contain them. It sits in the Senate Committee on Medical Affairs and is a bill, not law.

What is the penalty for selling kratom to a minor in South Carolina?

A retailer that violates S.C. Code 44-53-2020 or 44-53-2030 is subject to a civil penalty of up to $1,000 for a first offense and up to $2,000 for a second or later offense under S.C. Code 44-53-2040.

What must a kratom label say in South Carolina?

Under S.C. Code 44-53-2030, labels must include, among other items, a list of ingredients, the amount of mitragynine and 7-hydroxymitragynine in the product, and a statement that sale or transfer to a person under 21 is prohibited.

When did the South Carolina Kratom Consumer Protection Act take effect?

July 11, 2025. The bill, S.221, was signed by the Governor on May 12, 2025 and became Act No. 35 of 2025.