South Carolina Kratom Consumer Protection Act
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S 221 — South Carolina Kratom Consumer Protection Act
Last action — Act No. 35
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed House
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced January 15, 2025. Enacted.
Signed by Governor Henry McMaster (Republican) on May 12, 2025.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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1 sponsor
1 primary, 0 co-sponsors signed on.
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Cleared a recorded vote
Passed 2 recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Summary
AN ACT TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE "SOUTH CAROLINA KRATOM CONSUMER PROTECTION ACT" BY ADDING ARTICLE 20 TO CHAPTER 53, TITLE 44 SO AS TO PROVIDE FOR THE REGULATION OF THE SALE OF KRATOM PRODUCTS BY RETAILERS AND PROCESSORS AND TO CREATE PENALTIES FOR VIOLATION OF THE PROVISIONS OF THE ARTICLE. - RATIFIED TITLE
Bill Text
What changed in the latest version
28 added · 76 removed28 line(s) added, 76 removed.
2025-2026 Bill 221 Text of Previous Version (Apr.(Jan.
Document has been reformatted to meet World Wide Web specifications.) Indicates Matter Stricken Indicates New Matter Committee ReportA Aprilbill 15, 2025TO AMEND S.THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE "SOUTH CAROLINA KRATOM CONSUMER PROTECTION ACT" BY ADDING ARTICLE 20 TO CHAPTER 53, TITLE 44 SO AS TO PROVIDE FOR THE REGULATION OF THE SALE OF KRATOM PRODUCTS BY RETAILERS AND PROCESSORS AND TO CREATE PENALTIES FOR VIOLATION OF THE PROVISIONS OF THE ARTICLE.
221 Introduced by Senator Ott S.
Printed 4/15/25--S.
Read the first time January 15, 2025 ________ The committee on Senate Medical Affairs To whom was referred a Bill (S.
221) to amend the South Carolina Code of Laws by enacting the "South Carolina Kratom Consumer Protection Act" by adding Article 20 to Chapter 53, Title 44 so as to provide, etc., respectfully Report:
That they have duly and carefully considered the same, and recommend that the same do pass with amendment:
Amend the bill, as and if amended, SECTION 1, by striking Section 44-53-2020(A)(2)(c), (d), (e), and (f) and inserting:
(c) contains a level of 7-hydroxymitragynine in the alkaloid fraction which is greater than two percent of the alkaloid composition of the product;
(d)(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;
(e)(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 (f)(e) does not meet the labelling requirements established pursuant to Section 44-53-2030 and a regulation promulgated to implement the provisions of that section.
Amend the bill further, SECTION 1, by striking Section 44-53-2040 and inserting:
Section 44-53-2040. A retailer found to be in violation of Section 44-53-2020 or 44-43-2030, or a regulation promulgated pursuant to the provisions of this article, is subject to a civil penalty of not more than five hundred one thousand dollars for a first offense and a civil penalty of not more than one two thousand dollars for a second or subsequent offense.
Renumber sections to conform.
Amend title to conform.
DANIEL VERDIN for Committee.
_______ A bill TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE "SOUTH CAROLINA KRATOM CONSUMER PROTECTION ACT" BY ADDING ARTICLE 20 TO CHAPTER 53, TITLE 44 SO AS TO PROVIDE FOR THE REGULATION OF THE SALE OF KRATOM PRODUCTS BY RETAILERS AND PROCESSORS AND TO CREATE PENALTIES FOR VIOLATION OF THE PROVISIONS OF THE ARTICLE.
----XX---- This web page was last updated on AprilJanuary 15, 2025 at 05:4901:36 PM
AI-generated reading aid from the bill's amendatory text — verify against the official bill.
This bill establishes the South Carolina Kratom Consumer Protection Act, regulating the sale of kratom products and imposing penalties for violations.
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Chapter 53, Title 44
Article 20 South Carolina Kratom Consumer Protection Act Section 44-53-2010. As used in this article: (1) "Department" means the South Carolina Department of Public Health. (2) "Food" means any food, food product, food ingredient, dietary ingredient, dietary supplement, or beverage intended for human consumption. (3) "Kratom" means any part of the tropical evergreen plant mitragyna speciosa. (4) "Kratom processor" means a person or entity that prepares, manufactures, distributes, or maintains kratom products or advertises, represents, or claims to sell, prepare, or maintain kratom products. (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. (6) "Kratom retailer" means a person or entity that sells or advertises, represents, or claims to sell kratom products.
This adds a new regulatory framework for kratom sales in South Carolina.
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Section 44-53-2020.
(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. (B) 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.
This establishes prohibited practices for kratom retailers and processors, particularly regarding sales to minors and product safety.
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Section 44-53-2030.
Every kratom product must be accompanied by a clear label that provides adequate information for safe and effective use by consumers including, but not limited to: (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; (3) the recommended serving size of the product; (4) the number of servings per container; (5) the name and the principal street address of the vendor or the person responsible for distributing the product; (6) any precautionary statements as to the safety and effectiveness of the product; (7) a statement that the product is not intended to diagnose, treat, cure, or prevent any medical condition or disease; and (8) a statement that the sale or transfer of the product to a person under twenty-one years of age is prohibited.
This requires kratom products to have specific labeling for consumer safety.
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Section 44-53-2040.
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.
This establishes penalties for violations of the kratom regulation provisions.
Action History
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Act No. 35
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Effective date 07/11/25
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Signed By Governor
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Ratified R 53
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Concurred in House amendment and enrolled
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Read third time and returned to Senate with amendments
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Roll call Yeas-114 Nays-0
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Read second time
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Amended
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Committee report: Favorable with amendment Medical, Military, Public and Municipal Affairs
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Referred to Committee on Medical, Military, Public and Municipal Affairs
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Introduced and read first time
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Read third time and sent to House
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Unanimous consent for third reading on next legislative day
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Roll call Ayes-39 Nays-0
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Read second time
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Committee Amendment Adopted
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Scrivener's error corrected
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Committee report: Favorable with amendment Medical Affairs
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Referred to Committee on Medical Affairs
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Introduced and read first time
Sponsors
- Senator Russell L. Ott · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 169 not signed on
Sponsors (1)
Co-sponsors (0)
None.
Not signed on (169)
169 members have not signed on to this bill.
Show all 169 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 111 | 0 | 0 | 7 |
| Democrat | 2 | 0 | 0 | 0 |
| Republican | 1 | 0 | 0 | 1 |
| Total | 114 | 0 | 0 | 8 |
| % of votes cast | 93% | 0% | 0% | 7% |
How each member voted (122)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 39 | 0 | 0 | 6 |
| Total | 39 | 0 | 0 | 6 |
| % of votes cast | 87% | 0% | 0% | 13% |
How each member voted (45)
Subjects
Frequently asked questions
- What does S 221 do?
- AN ACT TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE "SOUTH CAROLINA KRATOM CONSUMER PROTECTION ACT" BY ADDING ARTICLE 20 TO CHAPTER 53, TITLE 44 SO AS TO PROVIDE FOR THE REGULATION OF THE SALE OF KRATOM PRODUCTS BY RETAILERS AND PROCESSORS AND TO CREATE PENALTIES FOR VIOLATION OF THE PROVISIONS OF THE ARTICLE. - RATIFIED TITLE
- Who sponsors S 221?
- S 221 is sponsored by Senator Russell L. Ott.
- What is the current status of S 221?
- This bill has been enacted into law. Introduced January 15, 2025. Enacted.
- Where can I track S 221?
- Track S 221 free on One Click Politics — get push/email alerts when it moves.
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