EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*hb1229*
HOUSE BILL 1229
J1 4lr2585
By: Delegates A. Jones and Pena–Melnyk, Pena–Melnyk, Cullison, Alston, Bagnall,
Bhandari, Chisholm, Guzzone, Hill, Hutchinson, S. Johnson, Kaiser, Kipke,
R. Lewis, Lopez, Martinez, M. Morgan, Reilly, Rosenberg, Szeliga, Taveras,
White Holland, and Woods
Introduced and read first time: February 8, 2024
Assigned to: Health and Government Operations
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 1, 2024
CHAPTER ______
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 2 HOUSE BILL 1229
SUBTITLE 2D. KRATOM CONSUMER PROTECTION ACT. 1
21–2D–01. 2
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 3
INDICATED. 4
(B) “KRATOM PRODUCT ” MEANS A FOOD PRODUCT OR DIET ARY 5
INGREDIENT PRODUCT MARKETED FOR HUMAN CONSUMPTION CONTAINING ANY 6
PART OF THE LEAF OF THE PLANT MITRAGYNA SPECIOSA . 7
(C) (1) “RETAILER” MEANS A PERSON THAT : 8
(I) SELLS, PREPARES, OR MAINTAINS KRATOM PRODUCTS; OR 9
(II) ADVERTISES, REPRESENTS , OR HOLDS ITSELF OUT AS 10
SELLING, PREPARING, OR MAINTAINING KRATO M PRODUCTS. 11
(2) “RETAILER” INCLUDES A MANUFACTU RER, WHOLESALER , STORE, 12
RESTAURANT , HOTEL, CATERING FACILITY , CAMP, BAKERY, DELICATESSEN , 13
SUPERMARKET, GROCERY STORE , CONVENIENCE STORE , GAS STATION, OR FOOD OR 14
DRINK COMPANY . 15
21–2D–02. 16
(A) (1) A RETAILER THAT PREPAR ES, DISTRIBUTES, SELLS, OR EXPOSES 17
FOR SALE A FOOD THAT IS REPRE SENTED TO BE A KRATOM PRODUCT SHA LL 18
DISCLOSE ON THE PROD UCT LABEL THE FACTUAL BASIS ON WHI CH THE 19
REPRESENTATION IS MA DE. 20
(2) A RETAILER MAY NOT PRE PARE, DISTRIBUTE, SELL, OR EXPOSE 21
FOR SALE A FOOD REPRESENTED T O BE A KRATOM PRODUCT THA T DOES: 22
(I) DOES NOT COMPLY WITH THE DISCLOSURE REQUIREME NT 23
ESTABLISHED UNDER PA RAGRAPH (1) OF THIS SUBSECTION ; OR 24
(II) HAS NOT BEEN RECOGNIZ ED AS A DIETARY INGR EDIENT OR 25
APPROVED DRUG BY THE U.S. FOOD AND DRUG ADMINISTRATION . 26
(B) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , A RETAILER 27
MAY NOT PREPARE , DISTRIBUTE, SELL, OR EXPOSE FOR SALE ANY OF THE 28
FOLLOWING: 29
HOUSE BILL 1229 3
(I) A KRATOM PRODUCT THAT IS ADULTERATED WITH A 1
DANGEROUS SUBSTANCE OTHER THAN KRATOM ; 2
(II) A KRATOM PRODUCT THAT IS CONTAMINATED WITH A 3
DANGEROUS SUBSTANCE OTHER THAN KRATOM ; 4
(III) A KRATOM PRODUCT CONTA INING A LEVEL OF 5
7–HYDROXYMITRAGYNINE I N THE ALKALOID FRACT ION THAT IS GREATER THAN 2% 6
OF THE ALKALOID COMP OSITION OF THE PRODU CT; 7
(IV) A KRATOM PRODUCT CONTA INING A SYNTHETIC AL KALOID, 8
INCLUDING SYNTHETIC MITRAGYNINE , SYNTHETIC 7–HYDROXYMITRAGYNINE , OR 9
ANY OTHER SYNTHETICA LLY DERIVED COMPOUND OF THE KRATOM PLANT ; OR 10
(V) A PRODUCT CONTAINING K RATOM THAT DOES NOT 11
INCLUDE ON ITS PACKA GE OR LABEL THE AMOU NT OF MITRAGYNINE AN D 12
7–HYDROXYMITRAGYNINE C ONTAINED IN THE PROD UCT. 13
(2) (I) FOR THE PURPOSE O F PARAGRAPH (1)(I) OF THIS 14
SUBSECTION, A KRATOM PRODUCT IS ADULTERATED WITH A D ANGEROUS 15
SUBSTANCE OTHER THAN KRATOM IF: 16
1. THE KRATOM PRODUCT IS MIXED OR PACKED WITH A 17
SUBSTANCE OTHER THAN KRATOM; AND 18
2. THAT SUBSTANCE AFFECT S THE QUALITY OR 19
STRENGTH OF THE KRATOM PRODUCT TO A DEGREE AS TO RENDER THE KRA TOM 20
PRODUCT INJURIOUS TO A CONSUMER . 21
(II) FOR THE PURPOSE OF PA RAGRAPH (1)(II) OF THIS 22
SUBSECTION, A KRATOM PRODUCT IS CONTAMINATED WITH A DANGEROUS 23
SUBSTANCE OTHER THAN KRATOM IF THE KRATOM PRODUCT CONTAINS A 24
POISONOUS OR OTHERWI SE DELETERIOUS INGRE DIENT OTHER THAN KRA TOM, 25
INCLUDING A DRUG THA T IS DESIGNATED AS A CONTROLLED DANGEROUS 26
SUBSTANCE UNDER TITLE 5 OF THE CRIMINAL LAW ARTICLE. 27
(C) A RETAILER MAY NOT DIS TRIBUTE, SELL, OR EXPOSE FOR S ALE A 28
KRATOM PRODUCT TO AN INDIVIDUAL UNDER THE AGE OF 21 YEARS. 29
(D) IN A PROSECUTION FOR A VIOLATION OF THIS SECTION, IT IS A DEFENSE 30
THAT THE DEFENDANT R ELIED IN GOOD FAITH ON THE REPRESENTATIO NS OF A 31
MANUFACTURER , PROCESSOR, PACKER, OR DISTRIBUTOR OF FOOD REPRESENTED 32
TO BE A KRATOM PRODUCT . 33
4 HOUSE BILL 1229
(E) A RETAILER THAT VIOLAT ES SUBSECTION (A)(1) OF THIS SECTION IS 1
SUBJECT TO A CIVIL P ENALTY NOT EXCEEDING : 2
(1) $500 $1,000 FOR A FIRST VIOLATIO N; AND 3
(2) $1,000 $2,000 FOR EACH SUBSEQUENT VIOLATION. 4
(F) A RETAILER THAT VIOLAT ES SUBSECTION (A)(2), (B), OR (C) OF THIS 5
SECTION IS GUILTY OF A MISDEMEANOR AND ON CONVICTION IS SUBJEC T TO A FINE 6
NOT EXCEEDING $500 $5,000, IMPRISONMENT FOR NOT MORE THAN 90 DAYS, OR 7
BOTH. 8
(G) IN ADDITION TO ANY OT HER PENALTIES S PECIFIED IN THIS SEC TION, A 9
RETAILER WHO VIOLATE S THIS SECTION IS LI ABLE FOR ANY CIVIL D AMAGES 10
SUSTAINED BY THE IND IVIDUAL RESULTING FR OM THE VIOLATION . 11
21–2D–03. 12
(A) A RETAILER MAY NOT DIR ECTLY OR INDIRECTLY ADVERTISE A 13
THERAPEUTIC BENEFIT OF KRATOM. 14
(A) (B) A RETAILER MAY NOT DIR ECTLY OR INDIRECTLY ADVERTISE OR 15
MARKET KRATOM PRODUC TS TO MINORS. 16
(B) (C) IT IS A VIOLATION OF SUBSECTION (A) (B) OF THIS SECTION FOR A 17
RETAILER TO USE ANY OF THE FOLLOWING IN THE ADVERTISING , PROMOTION , 18
PACKAGING, OR LABELING OF A KRATOM PR ODUCT: 19
(1) A CARTOON; 20
(2) A SUPERHERO ; 21
(3) A VIDEO GAME REFERENCE ; 22
(4) AN IMAGE OF A FOOD PR ODUCT PRIMARILY INTE NDED FOR 23
MINORS; 24
(5) A TRADEMARK THAT IMITA TES OR MIMICS THE TR ADEMARK OF A 25
PRODUCT THAT HAS BEE N ADVERTISED OR MARKETED PRIMARIL Y TO MINORS; 26
(6) A SYMBOL OR CELEBRITY THAT IS PRIMARILY AS SOCIATED WITH 27
MINORS OR MEDIA PRIM ARILY DIRECTED TO MI NORS; AND 28
HOUSE BILL 1229 5
(7) AN IMAGE OF AN INDIVI DUAL WHO APPEARS TO BE UNDER THE 1
AGE OF 27 YEARS. 2
(C) (D) IT IS A VIOLATION OF SUBSECTION (A) (B) OF THIS SECTION FOR A 3
RETAILER TO ADVERTIS E OR PROMOTE A KRATO M PRODUCT: 4
(1) IN A NEWSPAPER , A MAGAZINE, A PERIODICAL, OR ANY OTHER 5
PUBLICATION FOR WHIC H INDIVIDUALS UNDER THE AGE OF 21 YEARS CONSTITUTE 6
15% OR MORE OF THE TOTAL AU DIENCE, AS MEASURED BY COMPE TENT AND 7
RELIABLE SURVEY EVID ENCE; 8
(2) AT A CONCERT, A STADIUM, A SPORTING EVENT , OR ANY OTHER 9
PUBLIC EVENT FOR WHI CH INDIVIDUALS UNDER THE AGE OF 21 YEARS CONSTITUTE 10
15% OR MORE OF THE TOTAL AUDIENCE, AS MEASURED BY COMPETEN T AND 11
RELIABLE SURVEY EVID ENCE; OR 12
(3) ON AN OUTDOOR BILLBOA RD OR SIGN BOARD THA T IS WITHIN 500 13
FEET OF A SCHOOL . 14
21–2D–04. 15
THE DEPARTMENT SHALL ADOP T REGULATIONS TO CAR RY OUT THIS 16
SUBTITLE. 17
SECTION 2. AND BE IT FURTHER ENACTED, That, on or before December 31, 18
2025, the Maryland Department of Health, in collaboration with the Maryland Hospital 19
Association, shall report to the General Assembly, in accordance with § 2–1257 of the State 20
Government Article, on the number of adverse health events observed in individuals after 21
the use of opioid–like substances, including kratom and tianeptine. 22
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 23
October 1, 2024. 24
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.