Indicates Matter Stricken

Indicates New Matter

 

Committee Report

April 15, 2026

 

H. 4641

 

Introduced by Reps. Pope, Gilliam, Wooten, Oremus, Chapman, McCravy, B. Newton, Martin, White, Schuessler, Ford, Jordan, M. M. Smith, Robbins, Gatch, Duncan and Lastinger

 

S. Printed 4/15/26--H.

Read the first time January 13, 2026

 

________

 

The committee on House Judiciary

To whom was referred a Bill (H. 4641) 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, 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, by striking all after the enacting words and inserting:

SECTION 1.  Section 44-53-2020(A) of the S.C. Code is amended to read:

 

    (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.

SECTION 2.  This act takes effect upon approval by the Governor.

Renumber sections to conform.

Amend title to conform.

 

W. NEWTON for Committee.

 

 

 

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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.

 

Be it enacted by the General Assembly of the State of South Carolina:

 

SECTION 1.  Section 44-53-190 of the S.C. Code is amended by adding:

 

    (G) Kratom and any salt, sulfate, isomer, homologue, analogue, or other preparation of kratom, and any salt, isomer, compound, derivative, precursor, homologue, analogue, or other preparation thereof, synthetic or otherwise, that is substantially chemically equivalent or identical to kratom.

 

SECTION 2.  Article 20, Chapter 53, Title 44 of the S.C. Code is repealed.

 

SECTION 3.  This act takes effect upon approval by the Governor.

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