EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0875*
SENATE BILL 875
J1 5lr2944
CF 5lr2943
By: Senator Folden
Introduced and read first time: January 28, 2025
Assigned to: Finance
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 SENATE BILL 875
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 COLLE CTED AND REMITTED 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 FOLLOWING WORDS HAVE THE MEANINGS 18
INDICATED. 19
(B) “MEDETOMID INE 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 MEDETOM IDINE 23
PRODUCTS OR XYLAZINE PRODUCTS; OR 24
(II) ADVERTISES, REPRESENTS , OR HOLDS ITSELF OUT AS 25
SELLING, PREPARING, OR MAINTAINING MEDET OMIDINE PRODUCTS AND XYLAZINE 26
PRODUCTS. 27 SENATE BILL 875 3
(2) “RETAILER” INCLUDES A MANUFACTU RER, A WHOLESALER , A 1
CORPORATION , A PARTNERSHIP , A LIMITED LIABILITY COMPANY, A FIRM, AN 2
ONLINE PLATFORM , OR ANY OTHER BUSINES S ENTITY DOING BUSINESS WITHIN THE 3
STATE. 4
(D) “XYLAZINE PRODUCT ” MEANS A PRODUCT CONT AINING ANY AMOUNT OF 5
XYLAZINE. 6
21–2F–02. 7
(A) A RETAILER MAY NOT DIS TRIBUTE OR SELL A ME DETOMIDINE PRODUCT 8
OR XYLAZINE PRODUCT UNLESS THE PURCHASER PROVIDES TO THE RETA ILER 9
PROOF OF THE PURCHASER ’S INTENT TO USE THE MEDETOMIDINE PRODUCT 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 PRODUC T 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 XYLAZIN E PRODUCT SHALL MAIN TAIN 17
RECORDS OF ALL SALES , INCLUDING A COPY OF : 18
(1) THE IDENTIFICATION US ED AS PROOF OF THE P URCHASER’S AGE; 19
AND 20
(2) EACH DOCUMENT OR OTHE R MATERIAL USED AS P ROOF OF THE 21
PURCHASER ’S INTENDED USE . 22
(D) A RETAILER THAT VIOLAT ES THIS SECTION IS S UBJECT TO A CIVIL 23
PENALTY NOT EXCEEDIN G: 24
(1) $3,000 FOR A FIRST VIOLATIO N; OR 25
(2) $6,500 FOR EACH SUB SEQUENT VIOLATION . 26
(E) THE DEPARTMENT SHALL REMI T ALL CIVIL PENALTIE S COLLECTED 27
UNDER SUBSECTION (D) OF THIS SECTION TO T HE COMPTROLLER TO BE DEP OSITED 28
IN THE MARYLAND SUBSTANCE ABUSE FUND. 29
21–2F–03. 30 4 SENATE BILL 875
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