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Is Kratom Legal in South Carolina? Exploring Current Legality & Regulations

April 8th, 2024LegalityNo Comments »

South Carolina has always been a favorite state because of its affordable living costs and low crime rates. With its warm temperatures, parks, white-sand beaches, and festivals, many tourists often flock to the state to witness its beauty.

Apart from the things that make South Carolina so lovable, the state is also involved in debates and controversies surrounding kratom and its legality. And, if you’re a potential kratom customer living in South Carolina, you’ll be happy to hear that kratom is legal in the state.

But if you are curious to know kratom’s current regulation status, legal framework, and past history in South Carolina, this guide will explore it all along with the newly adapted Kratom Consumer Protection Act.

image of truth behind kratom legality in south carolina

The Truth Behind Kratom Legality in South Carolina

There may have already been different laws banning kratom use across various US states (6 states), but it’s still legal throughout all of South Carolina. Individuals in the Palmetto State are free to sell, consume, and possess kratom-related products without any penalties or repercussions at this time.

There are also no regulatory laws surrounding kratom in South Carolina; however, as of 2024, one regulatory bill has been proposed that will set in place things like age requirements and quality standards for sellers.

One of the primary reasons why kratom is legal in South Carolina is because of strong advocacy in the state and reports from users regarding kratom’s beneficial qualities to their lives.

Moreover, South Carolina has been quite a pretty quiet state with regards to news surrounding kratom, except in 2018 when the FDA seized a Myrtle Beach company’s products. The city police authorities seized a large amount of kratom from the company, but no news about further actions was heard or reported.

Past Attempts and Kratom Regulations in South Carolina

While kratom enthusiasts continue rejoicing for the product’s legality in South Carolina, it has not always been an easy battle, including a past attempt aimed at listing kratom as a controlled substance.

Schedule IV Ban Attempt in 2023

House Bill 3742 is pretty recent; this attempt was first introduced on January 18, 2023. The primary goal of this proposition was to amend the South Carolina Code, classifying kratom as a Schedule IV Controlled Substance. With this regulation, all products related to kratom or its two primary alkaloids, mitragynine and 7-hydroxmitragynine would have been illegal. Those found guilty of not complying would have been criminally penalized, including the users of kratom and the sellers alike. Fines would have been up to $1000, and individuals at fault could have been put in jail for a period of up to 6 months.

House Bill 3742 admittedly started out strong, but its legislative journey did not push through due to strong advocacy efforts in the state. With the efforts of the American Kratom Association leading the charge, the bill hit a roadblock and eventually was abandoned.

image of protecting kratoms access in south carolina

Protecting Kratom’s Access in South Carolina

Kratom access in South Carolina is still entirely easy and readily available, all thanks to the American Kratom Association. This organization has significantly impacted various U.S. states regarding overturning bans and pushing for regulation of the kratom marketplace. American Kratom Association is a leading state-level and national advocacy group promoting guidelines surrounding kratom through regulatory measures such as the Kratom Consumer Protection Act.

The AKA has been active in all 50 US states in countering many of the yearly kratom bans proposed by the legislators. The association works closely with not only the kratom community but also the lawmakers to lobby them about the potential benefits of kratom by promoting reliable research studies and testimonials from users who have benefited from kratom.

Supporting Regulatory Legislation

The American Kratom Association strongly advocates for the Kratom Consumer Protection Act. It has been pouring a lot of its efforts into US states like South Carolina to push for the adoption of regulations that help protect consumers, eliminate bad actors, and promote overall safety. For those unaware of the KCPA, it’s an act designed to regulate kratom by promoting product safety through age restrictions, clearly labeling products, and establishing manufacturing guidelines like GMP, to name a few.

Proposed Kratom Regulation in South Carolina in 2024

On February 6, 2024, the South Carolina Kratom Consumer Protection Act was introduced, aiming to simplify the complex landscape of the kratom industry and ensure consumers are more protected while still ensuring legal kratom access. There are still several uncertainties regarding the proposed act. But, if it does pass, South Carolina will join the 12 other states that have already enacted the KCPA according to their specific guidelines and preferences.

Thankfully, the South Carolina House Committee on Medical, Public, Military, and Municipal Affairs is currently reviewing and discussing the proposed KCPA act. The involved parties want to ensure that the bill will balance kratom’s access to enthusiasts while still prioritizing public health concerns.

To keep you in the loop, the following are key provisions included in the proposed act:

  • Prohibiting individuals below 21 from buying kratom and introducing penalties for sellers who are not complying
  • Setting standards for kratom authenticity and labeling requirements so consumers can make more informed decisions
  • Fining and penalizing retailers and vendors who won’t abide by the said regulations

image of kratom consumer protection act on other states

Kratom Consumer Protection Acts in Other States

Kratom Consumer Protection Acts have already been signed into law in several states — a piece of good news for kratom enthusiasts. Consumer safety and protection have always been one of the main goals of the KCPA to ensure that kratom is well-regulated, especially since it still comes with risks and side effects with abuse.

The following states have adopted the KCPA and modified it according to what they exactly needed for the welfare of the kratom users.


CONTENT DISCLAIMER: The content on this page is strictly for entertainment purposes only. The content below has not been medically reviewed and is not intended to offer advice for use or intended use. For more information about kratom and its potential dangers, please visit the fda.gov site.

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