EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb1109*
HOUSE BILL 1109
J1 5lr2943
CF SB 875
By: Delegate Pippy
Introduced and read first time: February 5, 2025
Assigned to: Health and Government Operations
A BILL ENTITLED
AN ACT concerning 1
Public Health – Medetomidine and Xylazine Consumer Protection Act 2
FOR the purpose of prohibiting a retailer from distributing, selling, or exposing for sale a 3
medetomidine product or a xylazine product unless the purchaser provides to the 4
retailer certain proof; prohibiting a retailer from distributing, selling, or exposing for 5
sale a medetomidine product or a xylazine product to an individual under a certain 6
age; requiring a retailer that prepares, distributes, sells, or exposes for sale a 7
medetomidine product or a xylazine product to maintain certain records; requiring 8
the Maryland Department of Health to remit all civil penalties collected for a 9
violation of certain provisions of this Act to the Comptroller to be deposited in the 10
Maryland Substance Abuse Fund; and generally relating to medetomidine and 11
xylazine products. 12
BY repealing and reenacting, without amendments, 13
Article – Health – General 14
Section 8–6A–01(a) 15
Annotated Code of Maryland 16
(2023 Replacement Volume and 2024 Supplement) 17
BY repealing and reenacting, with amendments, 18
Article – Health – General 19
Section 8–6A–01(b)(3) 20
Annotated Code of Maryland 21
(2023 Replacement Volume and 2024 Supplement) 22
BY adding to 23
Article – Health – General 24
Section 21–2F–01 through 21–2F–03 to be under the new subtitle “Subtitle 2F. 25
Medetomidine and Xylazine Consumer Protection Act” 26
Annotated Code of Maryland 27
(2023 Replacement Volume and 2024 Supplement) 28 2 HOUSE BILL 1109
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
That the Laws of Maryland read as follows: 2
Article – Health – General 3
8–6A–01. 4
(a) In this section, “Fund” means the Maryland Substance Abuse Fund. 5
(b) (3) The Fund consists of [the]: 6
(I) THE fee required under § 6–229 of the Criminal Procedure 7
Article[,money]; 8
(II) CIVIL PENALTIES COLLECTED AND REMITT ED TO THE 9
COMPTROLLER UNDER § 21–2F–02(E) OF THIS ARTICLE; 10
(III) MONEY appropriated in the State budget to the Fund[, all]; 11
(IV) ALL earnings from investment of money in the Fund[,]; and 12
[other] 13
(V) ANY OTHER money accepted for the benefit of the Fund from a 14
governmental or private source. 15
SUBTITLE 2F. MEDETOMIDINE AND XYLAZINE CONSUMER PROTECTION ACT. 16
21–2F–01. 17
(A) IN THIS SUBTITLE THE FOLLOWI NG WORDS HAVE THE ME ANINGS 18
INDICATED. 19
(B) “MEDETOMIDINE PRODUCT ” MEANS A PRODUCT CONT AINING ANY 20
AMOUNT OF MEDETOMIDI NE. 21
(C) (1) “RETAILER” MEANS A PERSON THAT : 22
(I) SELLS, PREPARES, OR MAINTAINS MEDETOMIDINE 23
PRODUCTS OR XYLAZINE PRODUCTS; OR 24
(II) ADVERTISES, REPRESENTS , OR HOLDS ITSELF OUT AS 25
SELLING, PREPARING, OR MAINTAINING MEDETOMIDINE PRODUCT S AND XYLAZINE 26
PRODUCTS. 27 HOUSE BILL 1109 3
(2) “RETAILER” INCLUDES A MANUFACTU RER, A WHOLESALER , A 1
CORPORATION , A PARTNERSHIP , A LIMITED LIABILITY CO MPANY, A FIRM, AN 2
ONLINE PLATFORM , OR ANY OTHER BUSINESS ENTIT Y DOING BUSINESS WIT HIN THE 3
STATE. 4
(D) “XYLAZINE PRODUCT” MEANS A PRODUCT CONTAINING A NY AMOUNT OF 5
XYLAZINE. 6
21–2F–02. 7
(A) A RETAILER MAY NOT DIS TRIBUTE OR SELL A MEDETOMIDINE PRODUCT 8
OR XYLAZINE PRODUCT UNLESS THE PURCHASER PROVIDES TO THE RETAILER 9
PROOF OF THE PURCHASER’S INTENT TO USE THE MEDETOMIDINE PRO DUCT OR 10
XYLAZINE PRODUCT FOR AN INSTITUTIONAL, VETERINARY, OR SCIENTIFIC 11
PURPOSE. 12
(B) A RETAILER MAY NOT DIS TRIBUTE, SELL, OR EXPOSE FOR SALE A 13
MEDETOMIDINE PRODUCT OR A XYLAZINE PRODUCT TO AN INDIVIDUAL UNDER THE 14
AGE OF 21 YEARS. 15
(C) A RETAILER THAT PREPAR ES, DISTRIBUTES, SELLS, OR EXPOSES FOR 16
SALE A MEDETOMIDINE PRODUCT OR A XYLAZINE PRODUCT SHALL MAINTAIN 17
RECORDS OF ALL SALES, INCLUDING A COPY OF : 18
(1) THE IDENTIFICATION USED A S PROOF OF THE PURCHASER ’S AGE; 19
AND 20
(2) EACH DOCUMENT OR OTHER MATERIAL USED AS PROOF OF THE 21
PURCHASER ’S INTENDED USE. 22
(D) A RETAILER THAT VIOLAT ES THIS SECTION IS SUBJ ECT TO A CIVIL 23
PENALTY NOT EXCEEDIN G: 24
(1) $3,000 FOR A FIRST VIOLATIO N; OR 25
(2) $6,500 FOR EACH SUBSEQUENT VIOLATION. 26
(E) THE DEPARTMENT SHALL REMIT ALL CIVIL PENALTIES COLLECTED 27
UNDER SUBSECTION (D) OF THIS SECTION TO THE COMPTROLLER TO BE DEPOSITED 28
IN THE MARYLAND SUBSTANCE ABUSE FUND. 29
21–2F–03. 30 4 HOUSE BILL 1109
THE DEPARTMENT SHALL ADOP T REGULATIONS TO CAR RY OUT THIS 1
SUBTITLE. 2
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 3
October 1, 2025. 4