# Health - General (GHG)

## Title 21. Food, Drugs, and Cosmetics

### Subtitle 2E. Kratom Consumer Protection Act

#### Section 21-2E-01

(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.

#### Section 21-2E-02

(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.

#### Section 21-2E-03

(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.

#### Section 21-2E-04

The Department shall adopt regulations to carry out this subtitle.

---

Md. Code Ann., Health-Gen. (as displayed at mgaleg.maryland.gov, October 16, 2026)