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H 4641

Kratom

2025-2026 Regular Session Introduced by Nathan Ballentine and 17 co-sponsors

The bill adds kratom to Schedule I and repeals the state's Kratom Consumer Protection Act, placing kratom under strict controlled-substance rules and removing prior consumer protec

Referred to Committee on Medical Affairs
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Bill Summary · H 4641

Summary of Bill H.4641 (2025-2026) – South Carolina

Quick overview

  • Purpose: Amend South Carolina law to control kratom as a Schedule I substance and repeal the state’s Kratom Consumer Protection Act.
  • Effective date: Upon Governor’s approval.
  • Current status: Reported favorably with amendment by the Judiciary Committee (as of April 15, 2026).

What the bill does

1) Adds kratom to Schedule I controlled substances

  • New designation: Kratom, including any salt, sulfate, isomer, homologue, analogue, or other preparation of kratom (synthetic or natural), and any substantially chemically equivalent or identical substance.
  • Implication of Schedule I status: Substances in Schedule I are generally defined as having high potential for abuse, no accepted medical use, and a lack of accepted safety for use under medical supervision. This aligns kratom with other controlled substances such as heroin and LSD in many states.
  • Scope of the listing: The definition explicitly covers derivatives and analogues to capture variations and synthetic forms that are chemically equivalent to kratom.

2) Repeals the South Carolina Kratom Consumer Protection Act

  • Section repealed: Article 20 of Chapter 53, Title 44 (the state Kratom Consumer Protection Act).
  • Effect: Removes the consumer protection framework that previously regulated kratom products, labeling, testing, marketing, and age restrictions. The repeal would shift regulatory control from the consumer-protection framework to the broader controlled-substances regime.

Who/What is affected

  • Kratom products and suppliers: Devices, products, and businesses involved in selling, distributing, or manufacturing kratom and related compounds would fall under Schedule I regulatory regime, with associated criminal and civil penalties for noncompliance.
  • Consumers and age-restriction considerations: The previous consumer-protection provisions (if any) would be repealed; penalties and enforcement would be governed under the Schedule I framework.
  • Regulatory and law-enforcement agencies: They would implement and enforce Schedule I controls on kratom and derivatives, including tracking of substances, precursors, and potentially associated illicit activities.

Key provisions and changes

  • Adds broad and inclusive kratom language to Schedule I, explicitly covering salts, isomers, analogues, derivatives, precursors, and anything substantially chemically equivalent or identical.
  • Repeals the state’s dedicated kratom consumer-protection statute, removing its regulatory structure and associated requirements.
  • The act becomes effective contingent on gubernatorial approval (i.e., it does not take effect immediately upon passage).

Procedural/Timeline aspects

  • Introduced: January 13, 2026.
  • Referred to Committee: Judiciary (January 13, 2026).
  • Committee action: Favorable with amendment (April 15, 2026).
  • Sponsorship: Multiple lawmakers and co-sponsors listed, including primary and co-sponsors such as Lastinger (sponsor) and a broad slate of co-sponsors.
  • Next steps: If approved by the General Assembly and signed by the Governor, the bill would become law on the Governor’s approval date.

Potential implications

  • Kratom would be treated on par with other Schedule I substances under South Carolina law, restricting its possession, distribution, and use.
  • The repeal of the Kratom Consumer Protection Act removes state-level consumer-protection safeguards, such as product testing, labeling, age-verification, and marketing restrictions that previously applied to kratom products.
  • Law enforcement and regulatory agencies would need to enforce Schedule I controls and address any legal disputes or enforcement challenges arising from the transition away from the consumer-protection regime.

If you’d like, I can compare this bill to kratom regulation in other states or provide a plain-language briefing for lay audiences.

Compiled from official sources — confirm details with the bill’s official record.

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