Old | New | Differences | |
---|---|---|---|
1 | - | WES MOORE, Governor Ch. 748 | |
2 | 1 | ||
3 | - | – 1 – | |
4 | - | Chapter 748 | |
5 | - | (House Bill 1229) | |
6 | 2 | ||
7 | - | AN ACT concerning | |
3 | + | EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. | |
4 | + | [Brackets] indicate matter deleted from existing law. | |
5 | + | Underlining indicates amendments to bill. | |
6 | + | Strike out indicates matter stricken from the bill by amendment or deleted from the law by | |
7 | + | amendment. | |
8 | + | *hb1229* | |
8 | 9 | ||
9 | - | Public Health – Kratom Consumer Protection Act | |
10 | + | HOUSE BILL 1229 | |
11 | + | J1 4lr2585 | |
10 | 12 | ||
11 | - | FOR the purpose of requiring a retailer that prepares, distributes, sells, or exposes for sale | |
12 | - | a food that is represented to be a kratom product to disclose the factual basis on | |
13 | - | which the representation is made; establishing prohibitions related to the | |
14 | - | preparation, distribution, and sale of kratom products; requiring the Maryland | |
15 | - | Department of Health, in collaboration with the Maryland Hospital Association, to | |
16 | - | report to the General Assembly, on or before a certain date, on the number of adverse | |
17 | - | health events observed in individuals after the use of opioid–like substances, | |
18 | - | including kratom and tianeptine; and generally relating to kratom. | |
13 | + | By: Delegates A. Jones and Pena–Melnyk, Pena–Melnyk, Cullison, Alston, Bagnall, | |
14 | + | Bhandari, Chisholm, Guzzone, Hill, Hutchinson, S. Johnson, Kaiser, Kipke, | |
15 | + | R. Lewis, Lopez, Martinez, M. Morgan, Reilly, Rosenberg, Szeliga, Taveras, | |
16 | + | White Holland, and Woods | |
17 | + | Introduced and read first time: February 8, 2024 | |
18 | + | Assigned to: Health and Government Operations | |
19 | + | Committee Report: Favorable with amendments | |
20 | + | House action: Adopted | |
21 | + | Read second time: March 1, 2024 | |
19 | 22 | ||
20 | - | BY adding to | |
21 | - | Article – Health – General | |
22 | - | Section 21–2D–01 through 21–2D–04 to be under the new subtitle “Subtitle 2D. | |
23 | - | Kratom Consumer Protection Act” | |
24 | - | Annotated Code of Maryland | |
25 | - | (2023 Replacement Volume) | |
23 | + | CHAPTER ______ | |
26 | 24 | ||
27 | - | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, | |
28 | - | That the Laws of Maryland read as follows: | |
25 | + | AN ACT concerning 1 | |
29 | 26 | ||
30 | - | ||
27 | + | Public Health – Kratom Consumer Protection Act 2 | |
31 | 28 | ||
32 | - | SUBTITLE 2D. KRATOM CONSUMER PROTECTION ACT. | |
29 | + | FOR the purpose of requiring a retailer that prepares, distributes, sells, or exposes for sale 3 | |
30 | + | a food that is represented to be a kratom product to disclose the factual basis on 4 | |
31 | + | which the representation is made; establishing prohibitions related to the 5 | |
32 | + | preparation, distribution, and sale of kratom products; requiring the Maryland 6 | |
33 | + | Department of Health, in collaboration with the Maryland Hospital Association, to 7 | |
34 | + | report to the General Assembly, on or before a certain date, on the number of adverse 8 | |
35 | + | health events observed in individuals after the use of opioid–like substances, 9 | |
36 | + | including kratom and tianeptine; and generally relating to kratom. 10 | |
33 | 37 | ||
34 | - | 21–2D–01. | |
38 | + | BY adding to 11 | |
39 | + | Article – Health – General 12 | |
40 | + | Section 21–2D–01 through 21–2D–04 to be under the new subtitle “Subtitle 2D. 13 | |
41 | + | Kratom Consumer Protection Act” 14 | |
42 | + | Annotated Code of Maryland 15 | |
43 | + | (2023 Replacement Volume) 16 | |
35 | 44 | ||
36 | - | | |
37 | - | ||
45 | + | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17 | |
46 | + | That the Laws of Maryland read as follows: 18 | |
38 | 47 | ||
39 | - | (B) “KRATOM PRODUCT ” MEANS A FOOD PRODUCT OR DIET ARY | |
40 | - | INGREDIENT PRODUCT MARKETED FOR HUMAN CONSUMPTION CONTAINING ANY | |
41 | - | PART OF THE LEAF OF THE PLANT MITRAGYNA SPECIOSA. | |
48 | + | Article – Health – General 19 2 HOUSE BILL 1229 | |
42 | 49 | ||
43 | - | (C) (1) “RETAILER” MEANS A PERSON THAT : | |
44 | 50 | ||
45 | - | (I) SELLS, PREPARES, OR MAINTAINS KRATOM PRODUCTS; OR | |
46 | 51 | ||
47 | - | (II) ADVERTISES, REPRESENTS , OR HOLDS ITSELF OUT AS | |
48 | - | SELLING, PREPARING, OR MAINTAINING KRATO M PRODUCTS. Ch. 748 2024 LAWS OF MARYLAND | |
52 | + | SUBTITLE 2D. KRATOM CONSUMER PROTECTION ACT. 1 | |
49 | 53 | ||
50 | - | – 2 | |
54 | + | 21–2D–01. 2 | |
51 | 55 | ||
52 | - | (2) “RETAILER” INCLUDES A MANUFA CTURER, WHOLESALER , STORE, | |
53 | - | RESTAURANT , HOTEL, CATERING FACILITY , CAMP, BAKERY, DELICATESSEN , | |
54 | - | SUPERMARKET , GROCERY STORE , CONVENIENCE STORE , GAS STATION, OR FOOD OR | |
55 | - | DRINK COMPANY . | |
56 | + | (A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 3 | |
57 | + | INDICATED. 4 | |
56 | 58 | ||
57 | - | 21–2D–02. | |
59 | + | (B) “KRATOM PRODUCT ” MEANS A FOOD PRODUCT OR DIET ARY 5 | |
60 | + | INGREDIENT PRODUCT MARKETED FOR HUMAN CONSUMPTION CONTAINING ANY 6 | |
61 | + | PART OF THE LEAF OF THE PLANT MITRAGYNA SPECIOSA . 7 | |
58 | 62 | ||
59 | - | (A) (1) A RETAILER THAT PREPAR ES, DISTRIBUTES, SELLS, OR EXPOSES | |
60 | - | FOR SALE A FOOD THAT IS REPRE SENTED TO BE A KRATOM PRODUCT SHA LL | |
61 | - | DISCLOSE ON THE PROD UCT LABEL THE FACTUA L BASIS ON WHICH THE | |
62 | - | REPRESENTATION IS MA DE. | |
63 | + | (C) (1) “RETAILER” MEANS A PERSON THAT : 8 | |
63 | 64 | ||
64 | - | (2) A RETAILER MAY NOT PRE PARE, DISTRIBUTE, SELL, OR EXPOSE | |
65 | - | FOR SALE A FOOD REPRESENTED T O BE A KRATOM PRODUCT THA T DOES: | |
65 | + | (I) SELLS, PREPARES, OR MAINTAINS KRATOM PRODUCTS; OR 9 | |
66 | 66 | ||
67 | - | ( | |
68 | - | ||
67 | + | (II) ADVERTISES, REPRESENTS , OR HOLDS ITSELF OUT AS 10 | |
68 | + | SELLING, PREPARING, OR MAINTAINING KRATO M PRODUCTS. 11 | |
69 | 69 | ||
70 | - | (II) HAS NOT BEEN RECOGNIZ ED AS A DIETARY INGR EDIENT OR | |
71 | - | APPROVED DRUG BY THE U.S. FOOD AND DRUG ADMINISTRATION . | |
70 | + | (2) “RETAILER” INCLUDES A MANUFACTU RER, WHOLESALER , STORE, 12 | |
71 | + | RESTAURANT , HOTEL, CATERING FACILITY , CAMP, BAKERY, DELICATESSEN , 13 | |
72 | + | SUPERMARKET, GROCERY STORE , CONVENIENCE STORE , GAS STATION, OR FOOD OR 14 | |
73 | + | DRINK COMPANY . 15 | |
72 | 74 | ||
73 | - | (B) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , A RETAILER | |
74 | - | MAY NOT PREPARE , DISTRIBUTE, SELL, OR EXPOSE FOR SALE A NY OF THE | |
75 | - | FOLLOWING: | |
75 | + | 21–2D–02. 16 | |
76 | 76 | ||
77 | - | (I) A KRATOM PRODUCT THAT IS ADULTERATED WITH A | |
78 | - | DANGEROUS SUBSTANCE OTHER THAN KRATOM; | |
77 | + | (A) (1) A RETAILER THAT PREPAR ES, DISTRIBUTES, SELLS, OR EXPOSES 17 | |
78 | + | FOR SALE A FOOD THAT IS REPRE SENTED TO BE A KRATOM PRODUCT SHA LL 18 | |
79 | + | DISCLOSE ON THE PROD UCT LABEL THE FACTUAL BASIS ON WHI CH THE 19 | |
80 | + | REPRESENTATION IS MA DE. 20 | |
79 | 81 | ||
80 | - | ( | |
81 | - | ||
82 | + | (2) A RETAILER MAY NOT PRE PARE, DISTRIBUTE, SELL, OR EXPOSE 21 | |
83 | + | FOR SALE A FOOD REPRESENTED T O BE A KRATOM PRODUCT THA T DOES: 22 | |
82 | 84 | ||
83 | - | (III) A KRATOM PRODUCT CONTA INING A LEVEL OF | |
84 | - | 7–HYDROXYMITRAGYNINE I N THE ALKALOID FRACT ION THAT IS GREATER THAN 2% | |
85 | - | OF THE ALKALOI D COMPOSITION OF THE PRODUCT; | |
85 | + | (I) DOES NOT COMPLY WITH THE DISCLOSURE REQUIREME NT 23 | |
86 | + | ESTABLISHED UNDER PA RAGRAPH (1) OF THIS SUBSECTION ; OR 24 | |
86 | 87 | ||
87 | - | (IV) A KRATOM PRODUCT CONTA INING A SYNTHETIC AL KALOID, | |
88 | - | INCLUDING SYNTHETIC MITRAGYNINE , SYNTHETIC 7–HYDROXYMITRAGYNINE , OR | |
89 | - | ANY OTHER SYNTHETICA LLY DERIVED COMPOUND OF THE KRATOM PLANT ; OR | |
88 | + | (II) HAS NOT BEEN RECOGNIZ ED AS A DIETARY INGR EDIENT OR 25 | |
89 | + | APPROVED DRUG BY THE U.S. FOOD AND DRUG ADMINISTRATION . 26 | |
90 | 90 | ||
91 | - | (V) A PRODUCT CONTAINING K RATOM THAT DOES NOT | |
92 | - | INCLUDE ON ITS PACKA GE OR LABEL THE AMOU NT OF MITRAGYNINE AN D | |
93 | - | 7–HYDROXYMITRAGYNINE C ONTAINED IN THE PROD UCT. WES MOORE, Governor Ch. 748 | |
91 | + | (B) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , A RETAILER 27 | |
92 | + | MAY NOT PREPARE , DISTRIBUTE, SELL, OR EXPOSE FOR SALE ANY OF THE 28 | |
93 | + | FOLLOWING: 29 | |
94 | + | HOUSE BILL 1229 3 | |
94 | 95 | ||
95 | - | – 3 – | |
96 | 96 | ||
97 | - | (2) (I) FOR THE PURPOSE OF PA RAGRAPH (1)(I) OF THIS | |
98 | - | SUBSECTION, A KRATOM PRODUCT IS ADULTERATED WITH A D ANGEROUS | |
99 | - | SUBSTANCE OT HER THAN KRATOM IF : | |
97 | + | (I) A KRATOM PRODUCT THAT IS ADULTERATED WITH A 1 | |
98 | + | DANGEROUS SUBSTANCE OTHER THAN KRATOM ; 2 | |
100 | 99 | ||
101 | - | | |
102 | - | SUBSTANCE OTHER THAN KRATOM; | |
100 | + | (II) A KRATOM PRODUCT THAT IS CONTAMINATED WITH A 3 | |
101 | + | DANGEROUS SUBSTANCE OTHER THAN KRATOM ; 4 | |
103 | 102 | ||
104 | - | | |
105 | - | ||
106 | - | ||
103 | + | (III) A KRATOM PRODUCT CONTA INING A LEVEL OF 5 | |
104 | + | 7–HYDROXYMITRAGYNINE I N THE ALKALOID FRACT ION THAT IS GREATER THAN 2% 6 | |
105 | + | OF THE ALKALOID COMP OSITION OF THE PRODU CT; 7 | |
107 | 106 | ||
108 | - | (II) FOR THE PURPOSE OF PA RAGRAPH (1)(II) OF THIS | |
109 | - | SUBSECTION, A KRATOM PRODUCT IS CONTAMINATED WITH A DANGEROUS | |
110 | - | SUBSTANCE OTHER THAN KRATOM IF THE KRATOM PRODUCT CONTAINS A | |
111 | - | POISONOUS OR OTHERWI SE DELETERIOUS INGRE DIENT OTHER THAN KRA TOM, | |
112 | - | INCLUDING A DRUG THAT IS DESIGNATED A S A CONTROLLED DANGE ROUS | |
113 | - | SUBSTANCE UNDER TITLE 5 OF THE CRIMINAL LAW ARTICLE. | |
107 | + | (IV) A KRATOM PRODUCT CONTA INING A SYNTHETIC AL KALOID, 8 | |
108 | + | INCLUDING SYNTHETIC MITRAGYNINE , SYNTHETIC 7–HYDROXYMITRAGYNINE , OR 9 | |
109 | + | ANY OTHER SYNTHETICA LLY DERIVED COMPOUND OF THE KRATOM PLANT ; OR 10 | |
114 | 110 | ||
115 | - | (C) A RETAILER MAY NOT DIS TRIBUTE, SELL, OR EXPOSE FOR SALE A | |
116 | - | KRATOM PRODUCT TO AN INDIVIDUAL UNDER THE AGE OF 21 YEARS. | |
111 | + | (V) A PRODUCT CONTAINING K RATOM THAT DOES NOT 11 | |
112 | + | INCLUDE ON ITS PACKA GE OR LABEL THE AMOU NT OF MITRAGYNINE AN D 12 | |
113 | + | 7–HYDROXYMITRAGYNINE C ONTAINED IN THE PROD UCT. 13 | |
117 | 114 | ||
118 | - | (D) IN A PROSECUTION FOR A VIOLATION OF THIS SECTION , IT IS A DEFENSE | |
119 | - | THAT THE DEFENDANT R ELIED IN GOOD FAITH ON THE REPRESENTATIO NS OF A | |
120 | - | MANUFACTURER , PROCESSOR, PACKER, OR DISTRIBUTOR OF FOOD REPRESENTED | |
121 | - | TO BE A KRATOM PRODUCT . | |
115 | + | (2) (I) FOR THE PURPOSE O F PARAGRAPH (1)(I) OF THIS 14 | |
116 | + | SUBSECTION, A KRATOM PRODUCT IS ADULTERATED WITH A D ANGEROUS 15 | |
117 | + | SUBSTANCE OTHER THAN KRATOM IF: 16 | |
122 | 118 | ||
123 | - | | |
124 | - | ||
119 | + | 1. THE KRATOM PRODUCT IS MIXED OR PACKED WITH A 17 | |
120 | + | SUBSTANCE OTHER THAN KRATOM; AND 18 | |
125 | 121 | ||
126 | - | (1) $500 $1,000 FOR A FIRST VIOLATIO N; AND | |
122 | + | 2. THAT SUBSTANCE AFFECT S THE QUALITY OR 19 | |
123 | + | STRENGTH OF THE KRATOM PRODUCT TO A DEGREE AS TO RENDER THE KRA TOM 20 | |
124 | + | PRODUCT INJURIOUS TO A CONSUMER . 21 | |
127 | 125 | ||
128 | - | (2) $1,000 $2,000 FOR EACH SUBSEQUENT VIOLATION. | |
126 | + | (II) FOR THE PURPOSE OF PA RAGRAPH (1)(II) OF THIS 22 | |
127 | + | SUBSECTION, A KRATOM PRODUCT IS CONTAMINATED WITH A DANGEROUS 23 | |
128 | + | SUBSTANCE OTHER THAN KRATOM IF THE KRATOM PRODUCT CONTAINS A 24 | |
129 | + | POISONOUS OR OTHERWI SE DELETERIOUS INGRE DIENT OTHER THAN KRA TOM, 25 | |
130 | + | INCLUDING A DRUG THA T IS DESIGNATED AS A CONTROLLED DANGEROUS 26 | |
131 | + | SUBSTANCE UNDER TITLE 5 OF THE CRIMINAL LAW ARTICLE. 27 | |
129 | 132 | ||
130 | - | (F) A RETAILER THAT VIOLAT ES SUBSECTION (A)(2), (B), OR (C) OF THIS | |
131 | - | SECTION IS GUILTY OF A MISDEMEANOR AND ON CONVICTION IS SUBJEC T TO A FINE | |
132 | - | NOT EXCEEDING $500 $5,000, IMPRISONMENT FOR NOT MORE THAN 90 DAYS, OR | |
133 | - | BOTH. | |
133 | + | (C) A RETAILER MAY NOT DIS TRIBUTE, SELL, OR EXPOSE FOR S ALE A 28 | |
134 | + | KRATOM PRODUCT TO AN INDIVIDUAL UNDER THE AGE OF 21 YEARS. 29 | |
134 | 135 | ||
135 | - | (G) IN ADDITION TO ANY OT HER PENALTIES S PECIFIED IN THIS SEC TION, A | |
136 | - | RETAILER WHO VIOLATE S THIS SECTION IS LI ABLE FOR ANY CIVIL D AMAGES | |
137 | - | SUSTAINED BY THE IND IVIDUAL RESULTING FR OM THE VIOLATION . | |
136 | + | (D) IN A PROSECUTION FOR A VIOLATION OF THIS SECTION, IT IS A DEFENSE 30 | |
137 | + | THAT THE DEFENDANT R ELIED IN GOOD FAITH ON THE REPRESENTATIO NS OF A 31 | |
138 | + | MANUFACTURER , PROCESSOR, PACKER, OR DISTRIBUTOR OF FOOD REPRESENTED 32 | |
139 | + | TO BE A KRATOM PRODUCT . 33 | |
140 | + | 4 HOUSE BILL 1229 | |
138 | 141 | ||
139 | - | 21–2D–03. Ch. 748 2024 LAWS OF MARYLAND | |
140 | 142 | ||
141 | - | – 4 – | |
143 | + | (E) A RETAILER THAT VIOLAT ES SUBSECTION (A)(1) OF THIS SECTION IS 1 | |
144 | + | SUBJECT TO A CIVIL P ENALTY NOT EXCEEDING : 2 | |
142 | 145 | ||
143 | - | (A) A RETAILER MAY NOT DIR ECTLY OR INDIRECTLY ADVERTISE A | |
144 | - | THERAPEUTIC BENEFIT OF KRATOM. | |
146 | + | (1) $500 $1,000 FOR A FIRST VIOLATIO N; AND 3 | |
145 | 147 | ||
146 | - | (A) (B) A RETAILER MAY NOT DIR ECTLY OR INDIRECTLY ADVERTISE OR | |
147 | - | MARKET KRATOM PRODUC TS TO MINORS. | |
148 | + | (2) $1,000 $2,000 FOR EACH SUBSEQUENT VIOLATION. 4 | |
148 | 149 | ||
149 | - | (B) (C) IT IS A VIOLATION OF SUBSECTION (A) (B) OF THIS SECTION FOR A | |
150 | - | RETAILER TO USE ANY OF THE FOLLOWING IN THE ADVERTISING , PROMOTION , | |
151 | - | PACKAGING, OR LABELING OF A KRATOM PR ODUCT: | |
150 | + | (F) A RETAILER THAT VIOLAT ES SUBSECTION (A)(2), (B), OR (C) OF THIS 5 | |
151 | + | SECTION IS GUILTY OF A MISDEMEANOR AND ON CONVICTION IS SUBJEC T TO A FINE 6 | |
152 | + | NOT EXCEEDING $500 $5,000, IMPRISONMENT FOR NOT MORE THAN 90 DAYS, OR 7 | |
153 | + | BOTH. 8 | |
152 | 154 | ||
153 | - | (1) A CARTOON; | |
155 | + | (G) IN ADDITION TO ANY OT HER PENALTIES S PECIFIED IN THIS SEC TION, A 9 | |
156 | + | RETAILER WHO VIOLATE S THIS SECTION IS LI ABLE FOR ANY CIVIL D AMAGES 10 | |
157 | + | SUSTAINED BY THE IND IVIDUAL RESULTING FR OM THE VIOLATION . 11 | |
154 | 158 | ||
155 | - | ||
159 | + | 21–2D–03. 12 | |
156 | 160 | ||
157 | - | (3) A VIDEO GAME REFERENCE ; | |
161 | + | (A) A RETAILER MAY NOT DIR ECTLY OR INDIRECTLY ADVERTISE A 13 | |
162 | + | THERAPEUTIC BENEFIT OF KRATOM. 14 | |
158 | 163 | ||
159 | - | ( | |
160 | - | MINORS | |
164 | + | (A) (B) A RETAILER MAY NOT DIR ECTLY OR INDIRECTLY ADVERTISE OR 15 | |
165 | + | MARKET KRATOM PRODUC TS TO MINORS. 16 | |
161 | 166 | ||
162 | - | (5) A TRADEMARK THAT IMITA TES OR MIMICS THE TR ADEMARK OF A | |
163 | - | PRODUCT THAT HAS BEE N ADVERTISED OR MARKETED PRIMARIL Y TO MINORS; | |
167 | + | (B) (C) IT IS A VIOLATION OF SUBSECTION (A) (B) OF THIS SECTION FOR A 17 | |
168 | + | RETAILER TO USE ANY OF THE FOLLOWING IN THE ADVERTISING , PROMOTION , 18 | |
169 | + | PACKAGING, OR LABELING OF A KRATOM PR ODUCT: 19 | |
164 | 170 | ||
165 | - | (6) A SYMBOL OR CELEBRITY THAT IS PRIMARILY AS SOCIATED WITH | |
166 | - | MINORS OR MEDIA PRIM ARILY DIRECTED TO MI NORS; AND | |
171 | + | (1) A CARTOON; 20 | |
167 | 172 | ||
168 | - | (7) AN IMAGE OF AN INDIVI DUAL WHO APPEARS TO BE UNDER THE | |
169 | - | AGE OF 27 YEARS. | |
173 | + | (2) A SUPERHERO ; 21 | |
170 | 174 | ||
171 | - | (C) (D) IT IS A VIOLATION OF SUBSECTION (A) (B) OF THIS SECTION FOR A | |
172 | - | RETAILER TO ADVERTIS E OR PROMOTE A KRATO M PRODUCT: | |
175 | + | (3) A VIDEO GAME REFERENCE ; 22 | |
173 | 176 | ||
174 | - | (1) IN A NEWSPAPER , A MAGAZINE, A PERIODICAL, OR ANY OTHER | |
175 | - | PUBLICATION FOR WHIC H INDIVIDUALS UNDER THE AGE OF 21 YEARS CONSTITUTE | |
176 | - | 15% OR MORE OF THE TOTAL AUDIENCE, AS MEASURED BY COMPE TENT AND | |
177 | - | RELIABLE SURVEY EVID ENCE; | |
177 | + | (4) AN IMAGE OF A FOOD PR ODUCT PRIMARILY INTE NDED FOR 23 | |
178 | + | MINORS; 24 | |
178 | 179 | ||
179 | - | (2) AT A CONCERT, A STADIUM, A SPORTING EVENT , OR ANY OTHER | |
180 | - | PUBLIC EVENT FOR WHI CH INDIVIDUALS UNDER THE AGE OF 21 YEARS CONSTITUTE | |
181 | - | 15% OR MORE OF THE TOTAL AUDIENCE, AS MEASURED BY COMPE TENT AND | |
182 | - | RELIABLE SURVEY EVID ENCE; OR | |
180 | + | (5) A TRADEMARK THAT IMITA TES OR MIMICS THE TR ADEMARK OF A 25 | |
181 | + | PRODUCT THAT HAS BEE N ADVERTISED OR MARKETED PRIMARIL Y TO MINORS; 26 | |
183 | 182 | ||
184 | - | (3) ON AN OUTDOOR BILLBOA RD OR SIGN BOARD THA T IS WITHIN 500 | |
185 | - | FEET OF A SCHOOL . WES MOORE, Governor Ch. 748 | |
183 | + | (6) A SYMBOL OR CELEBRITY THAT IS PRIMARILY AS SOCIATED WITH 27 | |
184 | + | MINORS OR MEDIA PRIM ARILY DIRECTED TO MI NORS; AND 28 | |
185 | + | HOUSE BILL 1229 5 | |
186 | 186 | ||
187 | - | – 5 – | |
188 | 187 | ||
189 | - | 21–2D–04. | |
188 | + | (7) AN IMAGE OF AN INDIVI DUAL WHO APPEARS TO BE UNDER THE 1 | |
189 | + | AGE OF 27 YEARS. 2 | |
190 | 190 | ||
191 | - | | |
192 | - | ||
191 | + | (C) (D) IT IS A VIOLATION OF SUBSECTION (A) (B) OF THIS SECTION FOR A 3 | |
192 | + | RETAILER TO ADVERTIS E OR PROMOTE A KRATO M PRODUCT: 4 | |
193 | 193 | ||
194 | - | SECTION 2. AND BE IT FURTHER ENACTED, That, on or before December 31, | |
195 | - | 2025, the Maryland Department of Health, in collaboration with the Maryland Hospital | |
196 | - | Association, shall report to the General Assembly, in accordance with § 2–1257 of the State | |
197 | - | Government Article, on the number of adverse health events observed in individuals after | |
198 | - | the use of opioid–like substances, including kratom and tianeptine. | |
194 | + | (1) IN A NEWSPAPER , A MAGAZINE, A PERIODICAL, OR ANY OTHER 5 | |
195 | + | PUBLICATION FOR WHIC H INDIVIDUALS UNDER THE AGE OF 21 YEARS CONSTITUTE 6 | |
196 | + | 15% OR MORE OF THE TOTAL AU DIENCE, AS MEASURED BY COMPE TENT AND 7 | |
197 | + | RELIABLE SURVEY EVID ENCE; 8 | |
199 | 198 | ||
200 | - | SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect | |
201 | - | October 1, 2024. | |
199 | + | (2) AT A CONCERT, A STADIUM, A SPORTING EVENT , OR ANY OTHER 9 | |
200 | + | PUBLIC EVENT FOR WHI CH INDIVIDUALS UNDER THE AGE OF 21 YEARS CONSTITUTE 10 | |
201 | + | 15% OR MORE OF THE TOTAL AUDIENCE, AS MEASURED BY COMPETEN T AND 11 | |
202 | + | RELIABLE SURVEY EVID ENCE; OR 12 | |
202 | 203 | ||
203 | - | Approved by the Governor, May 16, 2024. | |
204 | + | (3) ON AN OUTDOOR BILLBOA RD OR SIGN BOARD THA T IS WITHIN 500 13 | |
205 | + | FEET OF A SCHOOL . 14 | |
206 | + | ||
207 | + | 21–2D–04. 15 | |
208 | + | ||
209 | + | THE DEPARTMENT SHALL ADOP T REGULATIONS TO CAR RY OUT THIS 16 | |
210 | + | SUBTITLE. 17 | |
211 | + | ||
212 | + | SECTION 2. AND BE IT FURTHER ENACTED, That, on or before December 31, 18 | |
213 | + | 2025, the Maryland Department of Health, in collaboration with the Maryland Hospital 19 | |
214 | + | Association, shall report to the General Assembly, in accordance with § 2–1257 of the State 20 | |
215 | + | Government Article, on the number of adverse health events observed in individuals after 21 | |
216 | + | the use of opioid–like substances, including kratom and tianeptine. 22 | |
217 | + | ||
218 | + | SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 23 | |
219 | + | October 1, 2024. 24 | |
220 | + | ||
221 | + | ||
222 | + | ||
223 | + | Approved: | |
224 | + | ________________________________________________________________________________ | |
225 | + | Governor. | |
226 | + | ________________________________________________________________________________ | |
227 | + | Speaker of the House of Delegates. | |
228 | + | ________________________________________________________________________________ | |
229 | + | President of the Senate. |