§ 21–2E-03
Statutes in effect as of October 1, 2026.
Md. Code Ann., Health-Gen. § 21-2E-03 (2026)
Title 21. Food, Drugs, and Cosmetics
Subtitle 2E. Kratom Consumer Protection Act
§ 21–2E-03LinkCopy Citation
(a)
A retailer may not directly or indirectly advertise a therapeutic benefit of kratom.
(b)
A retailer may not directly or indirectly advertise or market kratom products to minors.
(c)
It is a violation of subsection (b) of this section for a retailer to use any of the following in the advertising, promotion, packaging, or labeling of a kratom product:
(1)
A cartoon;
(2)
A superhero;
(3)
A video game reference;
(4)
An image of a food product primarily intended for minors;
(5)
A trademark that imitates or mimics the trademark of a product that has been advertised or marketed primarily to minors;
(6)
A symbol or celebrity that is primarily associated with minors or media primarily directed to minors;
(7)
An image of an individual who appears to be under the age of 27 years; and
(8)
Other images, graphics, or features or likenesses to images, graphics, or features that are popularly used to advertise to children, including:
(i)
Neon colors, signs, or other brightly colored displays;
(ii)
Animals;
(iii)
Mascots; or
(iv)
Statements, artwork, or designs that could reasonably mislead an individual to believe that the package contains anything other than a kratom product.
(d)
It is a violation of subsection (b) of this section for a retailer to advertise or promote a kratom product:
(1)
In a newspaper, a magazine, a periodical, or any other publication for which individuals under the age of 21 years constitute 15% or more of the total audience, as measured by competent and reliable survey evidence;
(2)
At a concert, a stadium, a sporting event, or any other public event for which individuals under the age of 21 years constitute 15% or more of the total audience, as measured by competent and reliable survey evidence; or
(3)
By placing an advertisement for kratom on the side of a building or another publicly visible location of any form, including a sign, a poster, a placard, a device, a graphic display, an outdoor billboard, or a freestanding signboard.
(e)
A retailer that violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $5,000, imprisonment for not more than 90 days, or both.