# Health - General (GHG)

## Title 21. Food, Drugs, and Cosmetics

### Subtitle 2F. Phenibut Consumer Protection Act

#### Section 21-2F-02

(a)

  (1) A retailer that prepares, distributes, sells, or exposes for sale a phenibut product shall disclose on the product label the factual basis on which any representations regarding the phenibut product are made.

  (2) A retailer may not prepare, distribute, sell, or expose for sale a phenibut 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 phenibut product that is adulterated with a dangerous substance other than phenibut;

    (ii) A phenibut product that is contaminated with a dangerous substance other than phenibut; or

    (iii) A product containing phenibut that does not include on its package or label the amount of beta-phenyl-gamma-aminobutyric acid HCl contained in the product.

  (2)

    (i) For the purpose of paragraph (1)(i) of this subsection, a phenibut product is adulterated with a dangerous substance other than phenibut if:

      (1) The phenibut product is mixed or packed with a substance other than phenibut; and

      (2) That substance affects the quality or strength of the phenibut product to a degree as to render the phenibut product injurious to a consumer.

    (ii) For the purpose of paragraph (1)(ii) of this subsection, a phenibut product is contaminated with a dangerous substance other than phenibut if the phenibut product contains a poisonous or otherwise deleterious ingredient other than phenibut, 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 phenibut 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 phenibut 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.

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