WES MOORE, Governor Ch. 748
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Chapter 748
(House Bill 1229)
AN ACT concerning
Public Health – Kratom Consumer Protection Act
FOR the purpose of requiring a retailer that prepares, distributes, sells, or exposes for sale
a food that is represented to be a kratom product to disclose the factual basis on
which the representation is made; establishing prohibitions related to the
preparation, distribution, and sale of kratom products; requiring the Maryland
Department of Health, in collaboration with the Maryland Hospital Association, to
report to the General Assembly, on or before a certain date, on the number of adverse
health events observed in individuals after the use of opioid–like substances,
including kratom and tianeptine; and generally relating to kratom.
BY adding to
Article – Health – General
Section 21–2D–01 through 21–2D–04 to be under the new subtitle “Subtitle 2D.
Kratom Consumer Protection Act”
Annotated Code of Maryland
(2023 Replacement Volume)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Health – General
SUBTITLE 2D. KRATOM CONSUMER PROTECTION ACT.
21–2D–01.
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.
(B) “KRATOM PRODUCT ” MEANS A FOOD PRODUCT OR DIET ARY
INGREDIENT PRODUCT MARKETED FOR HUMAN CONSUMPTION CONTAINING ANY
PART OF THE LEAF OF THE PLANT MITRAGYNA SPECIOSA.
(C) (1) “RETAILER” MEANS A PERSON THAT :
(I) SELLS, PREPARES, OR MAINTAINS KRATOM PRODUCTS; OR
(II) ADVERTISES, REPRESENTS , OR HOLDS ITSELF OUT AS
SELLING, PREPARING, OR MAINTAINING KRATO M PRODUCTS. Ch. 748 2024 LAWS OF MARYLAND
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(2) “RETAILER” INCLUDES A MANUFA CTURER, WHOLESALER , STORE,
RESTAURANT , HOTEL, CATERING FACILITY , CAMP, BAKERY, DELICATESSEN ,
SUPERMARKET , GROCERY STORE , CONVENIENCE STORE , GAS STATION, OR FOOD OR
DRINK COMPANY .
21–2D–02.
(A) (1) A RETAILER THAT PREPAR ES, DISTRIBUTES, SELLS, OR EXPOSES
FOR SALE A FOOD THAT IS REPRE SENTED TO BE A KRATOM PRODUCT SHA LL
DISCLOSE ON THE PROD UCT LABEL THE FACTUA L BASIS ON WHICH THE
REPRESENTATION IS MA DE.
(2) A RETAILER MAY NOT PRE PARE, DISTRIBUTE, SELL, OR EXPOSE
FOR SALE A FOOD REPRESENTED T O BE A KRATOM PRODUCT THA T DOES:
(I) DOES NOT COMPLY WITH THE DISCLOSURE REQUIREME NT
ESTABLISHED UNDER PA RAGRAPH (1) OF THIS SUBSECTION ; OR
(II) HAS NOT BEEN RECOGNIZ ED AS A DIETARY INGR EDIENT OR
APPROVED DRUG BY THE U.S. FOOD AND DRUG ADMINISTRATION .
(B) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , A RETAILER
MAY NOT PREPARE , DISTRIBUTE, SELL, OR EXPOSE FOR SALE A NY OF THE
FOLLOWING:
(I) A KRATOM PRODUCT THAT IS ADULTERATED WITH A
DANGEROUS SUBSTANCE OTHER THAN KRATOM;
(II) A KRATOM PRODUCT THAT IS CONTAMINATED WITH A
DANGEROUS SUBSTANCE OTHER THAN KRATOM ;
(III) A KRATOM PRODUCT CONTA INING A LEVEL OF
7–HYDROXYMITRAGYNINE I N THE ALKALOID FRACT ION THAT IS GREATER THAN 2%
OF THE ALKALOI D COMPOSITION OF THE PRODUCT;
(IV) A KRATOM PRODUCT CONTA INING A SYNTHETIC AL KALOID,
INCLUDING SYNTHETIC MITRAGYNINE , SYNTHETIC 7–HYDROXYMITRAGYNINE , OR
ANY OTHER SYNTHETICA LLY DERIVED COMPOUND OF THE KRATOM PLANT ; OR
(V) A PRODUCT CONTAINING K RATOM THAT DOES NOT
INCLUDE ON ITS PACKA GE OR LABEL THE AMOU NT OF MITRAGYNINE AN D
7–HYDROXYMITRAGYNINE C ONTAINED IN THE PROD UCT. WES MOORE, Governor Ch. 748
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(2) (I) FOR THE PURPOSE OF PA RAGRAPH (1)(I) OF THIS
SUBSECTION, A KRATOM PRODUCT IS ADULTERATED WITH A D ANGEROUS
SUBSTANCE OT HER THAN KRATOM IF :
1. THE KRATOM PRODUCT IS MIXED OR PACKED WITH A
SUBSTANCE OTHER THAN KRATOM; AND
2. THAT SUBSTANCE AFFECT S THE QUALITY OR
STRENGTH OF THE KRAT OM PRODUCT TO A DEGR EE AS TO RENDER THE KRATOM
PRODUCT INJURIOUS TO A CONSUMER .
(II) FOR THE PURPOSE OF PA RAGRAPH (1)(II) OF THIS
SUBSECTION, A KRATOM PRODUCT IS CONTAMINATED WITH A DANGEROUS
SUBSTANCE OTHER THAN KRATOM IF THE KRATOM PRODUCT CONTAINS A
POISONOUS OR OTHERWI SE DELETERIOUS INGRE DIENT OTHER THAN KRA TOM,
INCLUDING A DRUG THAT IS DESIGNATED A S A CONTROLLED DANGE ROUS
SUBSTANCE UNDER TITLE 5 OF THE CRIMINAL LAW ARTICLE.
(C) A RETAILER MAY NOT DIS TRIBUTE, SELL, OR EXPOSE FOR SALE A
KRATOM PRODUCT TO AN INDIVIDUAL UNDER THE AGE OF 21 YEARS.
(D) IN A PROSECUTION FOR A VIOLATION OF THIS SECTION , IT IS A DEFENSE
THAT THE DEFENDANT R ELIED IN GOOD FAITH ON THE REPRESENTATIO NS OF A
MANUFACTURER , PROCESSOR, PACKER, OR DISTRIBUTOR OF FOOD REPRESENTED
TO BE A KRATOM PRODUCT .
(E) A RETAILER THAT VIOLAT ES SUBSECTION (A)(1) OF THIS SECTION IS
SUBJECT TO A CIVIL P ENALTY NOT EXCEEDING :
(1) $500 $1,000 FOR A FIRST VIOLATIO N; AND
(2) $1,000 $2,000 FOR EACH SUBSEQUENT VIOLATION.
(F) A RETAILER THAT VIOLAT ES SUBSECTION (A)(2), (B), OR (C) OF THIS
SECTION IS GUILTY OF A MISDEMEANOR AND ON CONVICTION IS SUBJEC T TO A FINE
NOT EXCEEDING $500 $5,000, IMPRISONMENT FOR NOT MORE THAN 90 DAYS, OR
BOTH.
(G) IN ADDITION TO ANY OT HER PENALTIES S PECIFIED IN THIS SEC TION, A
RETAILER WHO VIOLATE S THIS SECTION IS LI ABLE FOR ANY CIVIL D AMAGES
SUSTAINED BY THE IND IVIDUAL RESULTING FR OM THE VIOLATION .
21–2D–03. Ch. 748 2024 LAWS OF MARYLAND
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(A) A RETAILER MAY NOT DIR ECTLY OR INDIRECTLY ADVERTISE A
THERAPEUTIC BENEFIT OF KRATOM.
(A) (B) A RETAILER MAY NOT DIR ECTLY OR INDIRECTLY ADVERTISE OR
MARKET KRATOM PRODUC TS TO MINORS.
(B) (C) IT IS A VIOLATION OF SUBSECTION (A) (B) OF THIS SECTION FOR A
RETAILER TO USE ANY OF THE FOLLOWING IN THE ADVERTISING , PROMOTION ,
PACKAGING, OR LABELING OF A KRATOM PR ODUCT:
(1) A CARTOON;
(2) A SUPERHERO ;
(3) A VIDEO GAME REFERENCE ;
(4) AN IMAGE OF A FOOD PR ODUCT PRIMARILY INTE NDED FOR
MINORS;
(5) A TRADEMARK THAT IMITA TES OR MIMICS THE TR ADEMARK OF A
PRODUCT THAT HAS BEE N ADVERTISED OR MARKETED PRIMARIL Y TO MINORS;
(6) A SYMBOL OR CELEBRITY THAT IS PRIMARILY AS SOCIATED WITH
MINORS OR MEDIA PRIM ARILY DIRECTED TO MI NORS; AND
(7) AN IMAGE OF AN INDIVI DUAL WHO APPEARS TO BE UNDER THE
AGE OF 27 YEARS.
(C) (D) IT IS A VIOLATION OF SUBSECTION (A) (B) OF THIS SECTION FOR A
RETAILER TO ADVERTIS E OR PROMOTE A KRATO M PRODUCT:
(1) IN A NEWSPAPER , A MAGAZINE, A PERIODICAL, OR ANY OTHER
PUBLICATION FOR WHIC H INDIVIDUALS UNDER THE AGE OF 21 YEARS CONSTITUTE
15% OR MORE OF THE TOTAL AUDIENCE, AS MEASURED BY COMPE TENT AND
RELIABLE SURVEY EVID ENCE;
(2) AT A CONCERT, A STADIUM, A SPORTING EVENT , OR ANY OTHER
PUBLIC EVENT FOR WHI CH INDIVIDUALS UNDER THE AGE OF 21 YEARS CONSTITUTE
15% OR MORE OF THE TOTAL AUDIENCE, AS MEASURED BY COMPE TENT AND
RELIABLE SURVEY EVID ENCE; OR
(3) ON AN OUTDOOR BILLBOA RD OR SIGN BOARD THA T IS WITHIN 500
FEET OF A SCHOOL . WES MOORE, Governor Ch. 748
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21–2D–04.
THE DEPARTMENT SHALL ADOP T REGULATIONS TO CAR RY OUT THIS
SUBTITLE.
SECTION 2. AND BE IT FURTHER ENACTED, That, on or before December 31,
2025, the Maryland Department of Health, in collaboration with the Maryland Hospital
Association, shall report to the General Assembly, in accordance with § 2–1257 of the State
Government Article, on the number of adverse health events observed in individuals after
the use of opioid–like substances, including kratom and tianeptine.
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2024.
Approved by the Governor, May 16, 2024.