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Status last checked 25 August 2026 · always confirm against the official bill text before you act
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SC H 4641

Puts kratom in Schedule I and repeals South Carolina's own Kratom Consumer Protection Act.

We oppose this

Kratom

What it does

  • Amends S.C. Code Section 44-53-190 to add kratom to the Schedule I controlled substances list.
  • Repeals Article 20 of Chapter 53, Title 44 - the South Carolina Kratom Consumer Protection Act.
  • Schedule I is the classification reserved for substances with no accepted medical use and a high potential for abuse; it carries the state's most serious drug penalties.
  • Carries twenty House sponsors.

What our model act does instead

We are not asking anyone to do nothing. Every objection below comes with the clause we would put in its place — the full text is here.

§5

Scope of Protection and Regulation

This bill does not replace the consumer protection act with something stricter - it repeals it and schedules the plant. Section 5 is the opposite move: keep the product inside a regulatory scheme where testing, labeling and age limits apply to a licensed seller.

§13

No Alkaloid Caps; Mandatory Disclosure

If the concern is concentrated 7-OH specifically, that is a labeling and testing question. Section 13 requires the content to be disclosed rather than the whole plant to be scheduled.

§20

Penalties

Section 20 sets penalties against the business that breaks a rule. Schedule I sets them against the person holding the product. That difference decides whether a bad actor loses a license or a user acquires a record.

If you call, say this

Yours will be better than ours because it is yours. Change a word, say where you live, and stop — ninety seconds is a long call.

I am a constituent and I am asking you to oppose H. 4641. South Carolina already has a Kratom Consumer Protection Act, and this bill repeals it and puts kratom in Schedule I. That takes away the testing and labeling rules the state already wrote and replaces them with criminal penalties for the people using it. If the act needs strengthening, strengthen it - do not delete it.