EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb1229*
HOUSE BILL 1229
J1 4lr2585
By: Delegates A. Jones and Pena–Melnyk
Introduced and read first time: February 8, 2024
Assigned to: Health and Government Operations
A BILL ENTITLED
AN ACT concerning 1
Public Health – Kratom Consumer Protection Act 2
FOR the purpose of requiring a retailer that prepares, distributes, sells, or exposes for sale 3
a food that is represented to be a kratom product to disclose the factual basis on 4
which the representation is made; establishing prohibitions related to the 5
preparation, distribution, and sale of kratom products; requiring the Maryland 6
Department of Health, in collaboration with the Maryland Hospital Association, to 7
report to the General Assembly, on or before a certain date, on the number of adverse 8
health events observed in individuals after the use of opioid–like substances, 9
including kratom and tianeptine; and generally relating to kratom. 10
BY adding to 11
Article – Health – General 12
Section 21–2D–01 through 21–2D–04 to be under the new subtitle “Subtitle 2D. 13
Kratom Consumer Protection Act” 14
Annotated Code of Maryland 15
(2023 Replacement Volume) 16
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17
That the Laws of Maryland read as follows: 18
Article – Health – General 19
SUBTITLE 2D. KRATOM CONSUMER PROTECTION ACT. 20
21–2D–01. 21
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 22
INDICATED. 23
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(B) “KRATOM PRODUCT ” MEANS A FOOD PRODUCT OR DIETARY 1
INGREDIENT CONTAININ G ANY PART OF THE LE AF OF THE PLANT MITRAGYNA 2
SPECIOSA. 3
(C) (1) “RETAILER” MEANS A PERSON THAT : 4
(I) SELLS, PREPARES, OR MAINTAINS KRATOM PRODUCTS; OR 5
(II) ADVERTISES, REPRESENTS , OR HOLDS ITSELF OUT AS 6
SELLING, PREPARING, OR MAINTAINING KRATO M PRODUCTS. 7
(2) “RETAILER” INCLUDES A MANUFACTU RER, WHOLESALE R, STORE, 8
RESTAURANT , HOTEL, CATERING FACILITY , CAMP, BAKERY, DELICATESSEN , 9
SUPERMARKET , GROCERY STORE , CONVENIENCE STORE , GAS STATION, OR FOOD OR 10
DRINK COMPANY . 11
21–2D–02. 12
(A) (1) A RETAILER THAT PREPAR ES, DISTRIBUTES, SELLS, OR EXPOSES 13
FOR SALE A FOOD THAT IS REPRESENTED TO BE A KRATOM PRODUCT SHA LL 14
DISCLOSE ON THE PROD UCT LABEL THE FACTUA L BASIS ON WHICH THE 15
REPRESENTATION IS MA DE. 16
(2) A RETAILER MAY NOT PRE PARE, DISTRIBUTE, SELL, OR EXPOSE 17
FOR SALE A FOOD REPR ESENTED TO BE A KRAT OM PRODUCT THAT DOES NOT 18
COMPLY WITH THE DISCLOSURE REQUI REMENT ESTABLISHED UNDER PARAGRAPH 19
(1) OF THIS SUBSECTION . 20
(B) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , A RETAILER 21
MAY NOT PREPARE , DISTRIBUTE, SELL, OR EXPOSE FOR SALE A NY OF THE 22
FOLLOWING: 23
(I) A KRATOM PRODUCT THAT IS ADULTERATED WITH A 24
DANGEROUS SUBSTANCE OTHER THAN KRATOM ; 25
(II) A KRATOM PRODUCT THAT IS CONTAMINATED WITH A 26
DANGEROUS SUBSTANCE OTHER THAN KRATOM ; 27
(III) A KRATOM PRODUCT CONTA INING A LEVEL OF 28
7–HYDROXYMITRAGYNINE I N THE ALKALOID FRACT ION THAT IS GREATER THAN 2% 29
OF THE ALKALOID COMP OSITION OF THE PRODU CT; 30
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(IV) A KRATOM PRODUCT CONTA INING A SYNTHETIC AL KALOID, 1
INCLUDING SYNTHETIC MITRAGYNINE , SYNTHETIC 7–HYDROXYMITRAGYNINE , OR 2
ANY OTHER SYNTHETICA LLY DERIVED COMPOUND OF THE KRATOM PLANT ; OR 3
(V) A PRODUCT CONTAINING K RATOM THAT DOES NOT 4
INCLUDE ON ITS PACKA GE OR LABEL THE AMOU NT OF MITRAGYNINE AN D 5
7–HYDROXYMITRAGYNINE C ONTAINED IN THE PRO DUCT. 6
(2) (I) FOR THE PURPOSE OF PA RAGRAPH (1)(I) OF THIS 7
SUBSECTION, A KRATOM PRODUCT IS ADULTERATED WITH A D ANGEROUS 8
SUBSTANCE OTHER THAN KRATOM IF: 9
1. THE KRATOM PRODUCT IS MIXED OR PACKED WITH A 10
SUBSTANCE OTHER THAN KRATOM ; AND 11
2. THAT SUBSTANCE AFFECT S THE QUALITY OR 12
STRENGTH OF THE KRAT OM PRODUCT TO A DEGR EE AS TO RENDER THE KRATOM 13
PRODUCT INJURIOUS TO A CONSUMER . 14
(II) FOR THE PURPOSE OF PA RAGRAPH (1)(II) OF THIS 15
SUBSECTION, A KRATOM PRODUCT IS CONTAMINATED WITH A DANGEROUS 16
SUBSTANCE OTHER THAN KRATOM IF THE KRATOM PRODUC T CONTAINS A 17
POISONOUS OR OTHERWI SE DELETERIOUS INGRE DIENT OTHER THAN KRATOM , 18
INCLUDING A DRUG THA T IS DESIGNATED AS A CONTROLLED DANGEROUS 19
SUBSTANCE UNDER TITLE 5 OF THE CRIMINAL LAW ARTICLE. 20
(C) A RETAILER MAY NOT DIS TRIBUTE, SELL, OR EXPOSE FOR SALE A 21
KRATOM PRODUCT TO AN INDIVIDUAL UNDER THE AGE OF 21 YEARS. 22
(D) IN A PROSECUTION FOR A VIOLATION OF THIS SECTION, IT IS A DEFENSE 23
THAT THE DEFENDANT R ELIED IN GOOD FAITH O N THE REPRESENTATION S OF A 24
MANUFACTURER , PROCESSOR, PACKER, OR DISTRIBUTOR OF FO OD REPRESENTED 25
TO BE A KRATOM PRODU CT. 26
(E) A RETAILER THAT VIOLAT ES SUBSECTION (A)(1) OF THIS SECTION IS 27
SUBJECT TO A CIVIL P ENALTY NOT EXCEEDING : 28
(1) $500 FOR A FIRST VIOLATIO N; AND 29
(2) $1,000 FOR EACH SUBSEQUENT VIOLATION. 30
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(F) A RETAILER THAT VIOLAT ES SUBSECTION (A)(2), (B), OR (C) OF THIS 1
SECTION IS GUILTY OF A MISDEMEANOR AND ON CONVICTION IS SUBJEC T TO A FINE 2
NOT EXCEEDING $500, IMPRISONMENT FOR NOT MORE THAN 90 DAYS, OR BOTH. 3
(G) IN ADDITION TO ANY OT HER PENALTIES SPECIF IED IN THIS SECTION, A 4
RETAILER WHO VIOLATE S THIS SECTION IS LI ABLE FOR ANY CIVIL DAMAGES 5
SUSTAINED BY THE IND IVIDUAL RESULTING FR OM THE VIOLATION . 6
21–2D–03. 7
(A) A RETAILER MAY NOT DIR ECTLY OR INDIRECTLY ADVERTISE OR 8
MARKET KRATOM PRODUC TS TO MINORS. 9
(B) IT IS A VIOLATION OF SUBSECTION (A) OF THIS SECTION FOR A 10
RETAILER TO USE ANY OF THE FOLLOWING IN THE ADVERTISING , PROMOTION , 11
PACKAGING, OR LABELING OF A KRA TOM PRODUCT : 12
(1) A CARTOON; 13
(2) A SUPERHERO ; 14
(3) A VIDEO GAME REFERENCE ; 15
(4) AN IMAGE OF A FOOD PR ODUCT PRIMARILY INTE NDED FOR 16
MINORS; 17
(5) A TRADEMARK THAT IMITA TES OR MIMICS THE TR ADEMARK OF A 18
PRODUCT THAT HAS BEE N ADVERTISED OR MARK ETED PRIMARILY TO MI NORS; 19
(6) A SYMBOL OR CELEBRITY THAT IS PRIMARILY AS SOCIATED WITH 20
MINORS OR MEDIA PRIM ARILY DIRECTED TO MI NORS; AND 21
(7) AN IMAGE OF AN INDIVI DUAL WHO APPEARS TO BE UNDER THE 22
AGE OF 27 YEARS. 23
(C) IT IS A VIOLATION OF SUBSECTION (A) OF THIS SECTION FOR A 24
RETAILER TO ADVERTISE OR PROM OTE A KRATOM PRODUCT : 25
(1) IN A NEWSPAPER , A MAGAZINE, A PERIODICAL, OR ANY OTHER 26
PUBLICATION FOR WHIC H INDIVIDUALS UNDER THE AGE OF 21 YEARS CONSTITUTE 27
15% OR MORE OF THE TOTAL AUDIENCE, AS MEASURED BY COMPE TENT AND 28
RELIABLE SURVEY E VIDENCE; 29
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(2) AT A CONCERT, A STADIUM, A SPORTING EVENT , OR ANY OTHER 1
PUBLIC EVENT FOR WHI CH INDIVIDUALS UNDER THE AGE OF 21 YEARS CONSTITUTE 2
15% OR MORE OF THE TOTAL AUDIENCE, AS MEASURED BY COMPE TENT AND 3
RELIABLE SURVEY EVID ENCE; OR 4
(3) ON AN OUTDOO R BILLBOARD OR SIGN BOARD THAT IS WITHIN 500 5
FEET OF A SCHOOL . 6
21–2D–04. 7
THE DEPARTMENT SHALL ADOP T REGULATIONS TO CAR RY OUT THIS 8
SUBTITLE. 9
SECTION 2. AND BE IT FURTHER ENACTED, That, on or before December 31, 10
2025, the Maryland Department of Health, in collaboration with the Maryland Hospital 11
Association, shall report to the General Assembly, in accordance with § 2–1257 of the State 12
Government Article, on the number of adverse health events observed in individuals after 13
the use of opioid–like substances, including kratom and tianeptine. 14
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 15
October 1, 2024. 16