Legal

Is Kratom Legal in South Carolina?

Yes, for adults 21 and over, under a 2025 consumer protection law. A House bill to put kratom in Schedule I passed one chamber and then stalled in the Senate.

October 30, 2026 · 9 min read · Last checked: October 30, 2026

Current legal status

Kratom is legal in South Carolina for adults 21 and older. The state regulates it under the South Carolina Kratom Consumer Protection Act, which the legislature passed in 2025. Governor Henry McMaster signed it on May 12, 2025.

That law did not ban kratom. It set an age limit, banned certain adulterated and fully synthetic products, required detailed labels, and created civil fines for retailers.

The picture could change in 2027. A House bill that would add kratom and its compounds to the state's Schedule I list passed the House in April 2026. Senators declined to move it before the session ended, and news reports say they plan to study the issue first.

Section numbers are from Act No. 35 as shown on the S.C. General Assembly's bill page for S. 221. Check the current Code of Laws before relying on them.

The statute: Act No. 35 of 2025

The law began as Senate Bill 221 in the 2025–2026 session. It was ratified on May 8, 2025 as R. 53, signed four days later, and became Act No. 35. Under its own terms it took effect 60 days after the governor's approval, which was July 11, 2025.

The act added a new Article 20 to Chapter 53 of Title 44, the state's controlled substances chapter. Article 20 has four sections:

• § 44-53-2010 defines kratom, kratom products, processors, and retailers.
• § 44-53-2020 lists what processors and retailers may not do.
• § 44-53-2030 sets labeling rules.
• § 44-53-2040 sets civil penalties for retailers.

What counts as a kratom product

The definition is broad. It covers any food, drink, powder, pill, capsule, or other oral product that contains any part of the kratom leaf, whether native or extracted. It also covers products containing kratom alkaloids or constituents, or synthesized metabolites of them.

"Kratom retailer" includes anyone who sells or advertises kratom products. That reaches online sellers, not just stores.

Penalties

A retailer that breaks the sales or labeling rules faces a civil penalty of up to $1,000 for a first offense. Second and later offenses carry up to $2,000. The enacted text does not set criminal penalties under Article 20.

Age limit: 21

Processors and retailers may not sell, distribute, or dispense kratom products to anyone under 21. Retailers also may not display or store kratom where people under 21 can reach it.

The act's text does not literally require "behind the counter" storage. It requires that minors not have access. In practice many stores meet that by keeping products behind the counter, and one news report on the law described it that way.

Every label must also state that sale or transfer to anyone under 21 is prohibited.

Labeling and product rules

South Carolina's version of the Kratom Consumer Protection Act (KCPA) leans heavily on labels. Section 44-53-2030 requires each product to carry a clear label with:

1. An ingredient list.
2. The amount of mitragynine and 7-hydroxymitragynine (7-OH).
3. A recommended serving size.
4. Servings per container.
5. The vendor's or distributor's name and principal street address.
6. Precautionary statements on safety and effectiveness.
7. A statement that the product is not intended to diagnose, treat, cure, or prevent any disease.
8. A statement that sale or transfer to anyone under 21 is prohibited.

Separately, § 44-53-2020 bars selling a product that is adulterated with a dangerous non-kratom substance, or that contains a harmful ingredient listed in the state's controlled substance schedules. It also bars products with residual solvents above the levels in Chapter 467 of the USP–NF.

Our KCPA explainer compares how South Carolina's version stacks up against other states' versions.

7-OH and synthetic alkaloid rules

State law

The 2025 act bans any kratom product containing a fully synthetic alkaloid. It names fully synthetic mitragynine and fully synthetic 7-OH, plus any other fully synthetic compound derived from the plant.

The enacted law sets no numeric cap on 7-OH. A provision that would have capped 7-OH concentration at 2 percent was removed before passage, according to WRDW reporting. The label must still disclose how much 7-OH the product contains.

That leaves a gap worth understanding. A product with concentrated 7-OH that is not "fully synthetic" is not banned outright by the state act. Whether a particular product qualifies is a legal question that depends on how it was made.

Federal law

Federal rules sit on top of state law. A DEA temporary order placed mitragynine pseudoindoxyl, MGM-15, and MGM-16 in Schedule I on August 26, 2026. That order runs to August 26, 2028, unless replaced sooner.

On October 14, 2026, DEA published notice of its intent to temporarily place 7-OH and mitragynine pseudoindoxyl in Schedule I above a threshold. The threshold is more than 1 mg per gram for solids, more than 1 mg per mL for liquids, or a mitragynine-to-target ratio below 100. The order cannot be published until 30 days after the notice.

The notice does not propose scheduling kratom leaf or mitragynine. Our DEA 7-OH scheduling explainer walks through the thresholds.

City and county bans

We found no documented city or county ordinance banning kratom in South Carolina as of October 30, 2026. Local news coverage we reviewed, including a Berkeley County town hall on kratom, described awareness efforts and state bills, not local bans.

The 2025 act does not contain language preempting local rules. That means a city or county could, in principle, try to act on its own. Absence of evidence is not proof, so check your city and county code if you are unsure.

Our overview of city and county kratom bans lists places in other states where local rules are stricter than state law.

Buying and shipping notes

Because kratom is legal statewide for adults, most vendors that ship nationally will ship to South Carolina. A few practical points:

• Expect age checks. State law sets 21 as the minimum, and online sellers count as retailers under the act.
• Read the label on arrival. Compare it against the eight required items above.
• Match the lab report. Look for a certificate of analysis tied to your lot number, showing alkaloid content and contaminant testing.
• Watch extract listings. Vendors may pull concentrated 7-OH products once a federal order lands. Check before you order, not after.
• Check each vendor's no-ship list. Vendors keep their own lists, and they do not always match state law.

What's pending

H. 4641: the Schedule I bill

H. 4641 would add to Schedule I (§ 44-53-190) any compound or preparation "substantially chemically equivalent or identical to kratom." It names mitragynine, 7-OH, and other synthetically derived compounds of the plant. Its title says it would repeal the Kratom Consumer Protection Act.

The bill passed second reading 87–7 on April 29, 2026 and third reading 98–4 on April 30. It went to the Senate Committee on Medical Affairs the same day. It has had no further action on the General Assembly's site.

Senators said in May they would not move it that year. One senator argued the House approach would shut down businesses the legislature had enabled the year before.

The text is not clear on whether raw leaf itself would be scheduled. Subsection (G) describes derivatives and equivalents rather than naming the plant. If the bill returns, watch how that language is amended.

H. 4648: a narrower change

A second House bill, H. 4648, would amend § 44-53-2020 to change how a "regulated kratom product" is described. It remains in the House Judiciary Committee.

What happens next

The legislature reconvenes in January for its next regular session. The General Assembly lists H. 4641 under its 2025–2026 session, so a 2027 push would start in a new session. Watch the General Assembly's site for new filings, and watch the Federal Register for the 7-OH order.