Title 21. Food, Drugs, and Cosmetics — Subtitle 2E. Kratom Consumer Protection Act
Statutes in effect as of October 1, 2026.
Md. Code Ann., Health-Gen. § 21-2E-01 (2026)
Title 21. Food, Drugs, and Cosmetics
Subtitle 2E. Kratom Consumer Protection Act
§ 21–2E-01LinkCopy Citation
(a)
In this subtitle the following words have the meanings indicated.
(b)
“Kratom product” means a 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 kratom products.
(2)
“Retailer” includes a manufacturer, wholesaler, store, restaurant, hotel, catering facility, camp, bakery, delicatessen, supermarket, grocery store, convenience store, gas station, or food or drink company.
Md. Code Ann., Health-Gen. § 21-2E-02 (2026)
Title 21. Food, Drugs, and Cosmetics
Subtitle 2E. Kratom Consumer Protection Act
§ 21–2E-02LinkCopy Citation
(a)
(1)
A retailer that prepares, distributes, sells, or exposes for sale a kratom product shall disclose on the product label the factual basis on which the representation is made.
(2)
A retailer may not prepare, distribute, sell, or expose for sale a kratom product that:
(i)
Does not comply with the disclosure requirement established under paragraph (1) of this subsection; or
(ii)
Has not been recognized as a dietary ingredient 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 any 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 containing a level of 7–hydroxymitragynine in the alkaloid fraction that is greater than 2% of the alkaloid composition of the product;
(iv)
A kratom product containing a synthetic alkaloid, including synthetic mitragynine, synthetic 7–hydroxymitragynine, or any other synthetically derived compound of the kratom plant; or
(v)
A product containing kratom that does not include on its package or label the amount of mitragynine and 7–hydroxymitragynine contained in the product.
(2)
(i)
For the purpose of paragraph (1)(i) of this subsection, a kratom product is adulterated with a dangerous substance other than kratom if:
(1)
The kratom product is mixed or packed with a substance other than kratom; and
(2)
That substance affects the quality or strength of the kratom product to a degree as to render the kratom product injurious to a consumer.
(ii)
For the purpose of paragraph (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 otherwise deleterious ingredient other than kratom, including a drug that is designated as a controlled dangerous substance under Title 5 of the Criminal Law Article.
(c)
A retailer may not distribute, 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 rebuttable defense that the defendant relied in good faith on the representations on the manufacturer’s label on a kratom product.
(e)
A retailer that violates subsection (a)(1) of this section is subject to a civil penalty not exceeding:
(1)
$1,000 for a first violation; and
(2)
$2,000 for each subsequent violation.
(f)
A retailer that violates subsection (a)(2), (b), or (c) of 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.
(g)
In addition to any other penalties specified in this section, a retailer who violates this section is liable for any civil damages sustained by the individual resulting from the violation.
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.
Md. Code Ann., Health-Gen. § 21-2E-04 (2026)
Title 21. Food, Drugs, and Cosmetics
Subtitle 2E. Kratom Consumer Protection Act
§ 21–2E-04LinkCopy Citation
The Department shall adopt regulations to carry out this subtitle.