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Maryland General Assembly· SB0820Approved by the Governor - Chapter 355 (Chapter 355)

Alcohol, Tobacco, and Cannabis Commission - Unauthorized Consumable Products - Enforcement and Seizure, the official text

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WES MOORE, Governor                         Ch. 355

Chapter 355

                   (Senate Bill 820)

AN ACT concerning

Alcohol, Tobacco, and Cannabis Commission – Unauthorized Consumable
                            Products – Enforcement and Seizure

FOR the purpose of altering the violations of law with respect to which the Field
         Enforcement Division of the Alcohol, Tobacco, and Cannabis Commission is
         authorized to issue a citation or charging document; prohibiting a retailer from
         distributing, selling, exposing for sale, or advertising for sale unauthorized
         consumable products; authorizing the Executive Director of the Commission to seize,
         confiscate, or destroy unauthorized consumable products and certain other products;
         establishing and repealing altering certain provisions governing the enforcement of
         certain prohibitions related to unauthorized consumable products; requiring the
         Maryland Department of Health to report certain changes related to unauthorized
         consumable products to the Alcohol, Tobacco, and Cannabis Commission within a
         certain time; and generally relating to enforcement and seizure of unauthorized
         consumable products by the Alcohol, Tobacco, and Cannabis Commission.

BY repealing and reenacting, with amendments,
         Article – Alcoholic Beverages and Cannabis
         Section 1–313, 6–101, and 6–207
         Annotated Code of Maryland
         (2024 Replacement Volume and 2025 Supplement)

BY adding to
         Article – Alcoholic Beverages and Cannabis
         Section 1–323
         Annotated Code of Maryland
         (2024 Replacement Volume and 2025 Supplement)

BY repealing and reenacting, with amendments,
         Article – Health – General
         Section 21–2E–02, 21–2E–03, 21–2F–02, and 21–2F–03
         Annotated Code of Maryland
         (2023 Replacement Volume and 2025 Supplement)

         SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:

                   Article – Alcoholic Beverages and Cannabis

1–313.

                   –1–
Ch. 355                                 2026 LAWS OF MARYLAND

(a) There is a Field Enforcement Division in the Office of the Executive Director.

         (b) (1) The Field Enforcement Division may employ officers and employees as
provided in the State budget.

          (2) The officers and employees of the Field Enforcement Division:

              (i) shall be sworn police officers;

                           (ii) shall have the powers, duties, and responsibilities of peace
officers to enforce the provisions of this article relating to:

                                    1.  the unlawful importation of alcoholic beverages, tobacco,
and cannabis into the State;

                                    2.  the unlawful manufacture of alcoholic beverages, tobacco,
and cannabis in the State;

                                    3. the transportation and distribution throughout the State
of alcoholic beverages, tobacco, and cannabis that are manufactured illegally and on which
any alcoholic beverages taxes, tobacco taxes, or cannabis taxes imposed by the State are
due and unpaid; and

                                    4. the manufacture, sale, barter, transportation,
distribution, or other form of owning, handling, or dispersing alcoholic beverages, tobacco,
or cannabis by any person not licensed or authorized under this article, provisions of the
Tax – General Article relating to alcoholic beverages, tobacco, or cannabis, or provisions of
the Business Regulation Article relating to alcoholic beverages, tobacco, or cannabis;

                           (iii) may issue a citation or other charging document to a person who
has committed a violation of [§ 10–108]:

              1. SECTION 10–108 of the Criminal Law Article;

              2. TITLE 21, SUBTITLE 2D OF THE HEALTH – GENERAL

ARTICLE;

              3. TITLE 21, SUBTITLE 2E OF THE HEALTH – GENERAL

ARTICLE; AND

              4. TITLE 21, SUBTITLE 2F OF THE HEALTH – GENERAL

ARTICLE; and

                                        –2–
WES MOORE, Governor  Ch. 355

                           (iv) may make cooperative arrangements for and work and cooperate
with the Office of the Comptroller, local State’s Attorneys, sheriffs, bailiffs, police, and other
prosecuting and peace officers to enforce this article.

         (c) The Field Enforcement Division:

                  (1) shall consult with and advise the local State’s Attorneys and other law
enforcement officials and police officers regarding enforcement problems in their respective
jurisdictions; and

                  (2) may recommend changes to improve the administration of this article,
provisions of the Tax – General Article relating to alcoholic beverages, tobacco, and
cannabis, and provisions of the Business Regulation Article relating to tobacco.

1–323.

        (A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.

                (2) “ADVERTISE” INCLUDES PACKAGING, LABELING, OR ELECTRONIC
COMMUNICATION.

                (3) (I) “RETAILER” MEANS A PERSON THAT:

                                 1. SELLS, PREPARES, OR MAINTAINS UNAUTHORIZED
CONSUMABLE PRODUCTS; OR

                                 2. ADVERTISES, REPRESENTS, OR HOLDS ITSELF OUT AS
SELLING, PREPARING, OR MAINTAINING UNAUTHORIZED CONSUMABLE PRODUCTS.

                         (II) “RETAILER” INCLUDES THE FOLLOWING PERSONS, IF THE

PERSON OTHERWISE MEETS THE DEFINITION ESTABLISHED UNDER SUBPARAGRAPH

(I) OF THIS PARAGRAPH:

                                 1. A MANUFACTURER;

                                 2. A WHOLESALER;

                                 3. A STORE;

                                 4. A RESTAURANT;

                                 5. A HOTEL;

–3–
Ch. 355  2026 LAWS OF MARYLAND

                                 6. A CATERING FACILITY;

                                 7. A CAMP;

                                 8. A BAKERY;

                                 9. A DELICATESSEN;

                                 10. A SUPERMARKET;

                                 11. A GROCERY STORE;

                                 12. A CONVENIENCE STORE;

                                 13. A GAS STATION;

                                 14. A FOOD COMPANY; AND

                                 15. A DRINK COMPANY.

                (4) “UNAUTHORIZED CONSUMABLE PRODUCT” MEANS:

                         (I) A TIANEPTINE PRODUCT AS DEFINED IN § 21–2D–01 OF THE
HEALTH – GENERAL ARTICLE;

                         (II) A KRATOM PRODUCT, AS DEFINED IN § 21–2E–01 OF THE
HEALTH – GENERAL ARTICLE DESCRIBED IN § 21–2E–02(A)(2) OR § 21–2E–02(B)
OF THE HEALTH – GENERAL ARTICLE THAT IS ADVERTISED, PROMOTED,
PACKAGED, OR LABELED IN A MANNER PROHIBITED UNDER § 21–2E–03 OF THE
HEALTH – GENERAL ARTICLE, THAT DOES NOT COMPLY WITH TITLE 21, SUBTITLE
2E OF THE HEALTH – GENERAL ARTICLE;

                         (III) A PHENIBUT PRODUCT, AS DEFINED IN § 21–2F–01 OF THE
HEALTH – GENERAL ARTICLE THAT IS DESCRIBED IN § 21–2F–02(A)(2) OR §
21–2F–02(B) OF THE HEALTH – GENERAL ARTICLE THAT IS ADVERTISED,
PROMOTED, PACKAGED, OR LABELED IN A MANNER PROHIBITED UNDER § 21–2F–03
OF THE HEALTH – GENERAL ARTICLE, THAT DOES NOT COMPLY WITH TITLE 21,
SUBTITLE 2F OF THE HEALTH – GENERAL ARTICLE; AND

                         (IV) A CONSUMABLE PRODUCT THAT CONTAINS A POISONOUS OR

DELETERIOUS SUBSTANCE IN VIOLATION OF A RULE OR REGULATION ADOPTED

         –4–
     WES MOORE, Governor                              Ch. 355

UNDER § 21–239(C) OF THE HEALTH – GENERAL ARTICLE AND IS DESIGNATED BY
THE SECRETARY OF HEALTH FOR ENFORCEMENT BY THE EXECUTIVE DIRECTOR.

        (B) A RETAILER MAY NOT DISTRIBUTE, SELL, EXPOSE FOR SALE, OR
ADVERTISE FOR SALE AN UNAUTHORIZED CONSUMABLE PRODUCT.

     (C) THE EXECUTIVE DIRECTOR MAY SEIZE, CONFISCATE, OR DESTROY:

                (1) AN UNAUTHORIZED CONSUMABLE PRODUCT THAT IS OFFERED,
ADVERTISED, OR DISPLAYED FOR SALE TO A CONSUMER IN THE STATE; AND AND

                (2) A PRODUCT THAT IS LABELED, ADVERTISED, REPRESENTED, OR
OFFERED FOR SALE AS CONTAINING:

     (I) 7–HYDROXYMITRAGYNINE IN AN AMOUNT THAT:

                                 1. FOR A KRATOM PRODUCT, IS GREATER THAN THE
AMOUNT PERMITTED UNDER § 21–2E–02(B)(1)(III) OF THE HEALTH – GENERAL
ARTICLE; OR

     2. IS GREATER THAN 1 MILLIGRAM PER SERVING;

     (I) KRATOM;

     (II) 7–HYDROXYMITRAGYNINE;

     (III) ANY PART OF THE PLANT MITRAGYNA SPECIOSA;

     (IV) (I) (II) TIANEPTINE SODIUM;

     (V) (II) (III) TIANEPTINE SULFATE; OR

     (VI) (III) PHENIBUT; OR

     (VII) (IV) BETA–PHENYL–GAMMA–AMINOBUTYRIC ACID HCL;

AND

                (3) A PRODUCT REPRESENTED TO CONTAIN KRATOM,
7–HYDROXYMITRAGYNINE, OR ANY PART OF THE PLANT MITRAGYNA SPECIOSA
THAT IS:

                         (I) LABELED OR ADVERTISED IN VIOLATION OF § 21–2E–02 OR
§ 21–2E–03 OF THE HEALTH – GENERAL ARTICLE; OR

                                                           –5–
Ch. 355  2026 LAWS OF MARYLAND

                         (II) LABELED, ADVERTISED, OR OTHERWISE REPRESENTED TO
CONTAIN MORE THAN ONE MILLIGRAM PER SERVING OF 7–HYDROXYMITRAGYNINE.

        (D) A PRODUCT SEIZED UNDER SUBSECTION (C) OF THIS SECTION IS

PRESUMED TO BE CONTRABAND AND SUBJECT TO SUMMARY FORFEITURE UNLESS
THE PERSON FROM WHOM THE PRODUCT WAS SEIZED DEMONSTRATES THE

PRODUCT WAS APPROVED IS:

                (1) IF APPLICABLE, IN COMPLIANCE WITH TITLE 21, SUBTITLE 2E OF
THE HEALTH – GENERAL ARTICLE; OR

                (2) AUTHORIZED FOR SALE AND DISTRIBUTION FOR THE PURPOSES
OF HUMAN CONSUMPTION BY:

                (1) (I) THE MARYLAND DEPARTMENT OF HEALTH; OR

                (2) (II) THE U.S. FOOD AND DRUG ADMINISTRATION.

        (E) A RETAILER THAT VIOLATES SUBSECTION (B) OF THIS SECTION IS

GUILTY OF A MISDEMEANOR AND ON CONVICTION IS SUBJECT TO A FINE NOT

EXCEEDING $5,000.

        (F) IN ADDITION TO THE PENALTIES ESTABLISHED UNDER THIS SECTION:

                (1) THE DISTRICT COURT MAY ORDER THE EXECUTIVE DIRECTOR,
THE COMPTROLLER, OR THE APPLICABLE LOCAL LICENSING BOARD OR
COMMISSION TO:

                         (I) SUSPEND OR REVOKE A LICENSE ISSUED UNDER THIS
ARTICLE OR TITLE 16, 16.5, 16.7, OR 17 OF THE BUSINESS REGULATION ARTICLE;

AND

                         (II) DISPOSE OF OR DESTROY AN UNAUTHORIZED CONSUMABLE
PRODUCT SEIZED UNDER SUBSECTION (C) OF THIS SECTION; AND

                (2) A RETAILER THAT VIOLATES THIS SECTION IS LIABLE FOR CIVIL
DAMAGES SUSTAINED BY AN INDIVIDUAL THAT RESULT FROM THE VIOLATION.

6–101.

         –6–
                                        WES MOORE, Governor   Ch. 355

        (a) Alcoholic beverages, UNAUTHORIZED CONSUMABLE PRODUCTS, AS
DEFINED UNDER § 1–323 OF THIS ARTICLE, and other contraband kept, possessed, used,
sold, manufactured, stored, or transported in violation of this article:

              (1) are subject to seizure and forfeiture; and

              (2) when seized, may be recovered or disposed of only as provided in this

subtitle.

(b) Property is forfeited if it:

                  (1) was seized as contraband in the possession or control of a defendant
who is found guilty of violating this article; [or]

              (2) is otherwise found to be contraband or in violation of this article; OR

              (3) WAS SEIZED IN ACCORDANCE WITH § 1–323 OF THIS ARTICLE.

         (c) (1) Except as provided in paragraph (2) of this subsection, property is
forfeited if it:

                    (i) is seized as contraband and remains unclaimed for 30 days after

seizure; and

                    (ii) has not been destroyed in accordance with this subtitle.

                  (2) (i) A vehicle, a vessel, or an aircraft that is seized as contraband is
forfeited unless a protest is filed within 30 days after the publication under subparagraph
(ii) of this paragraph.

                    (ii) The Comptroller or the Executive Director, as appropriate:

                                    1.  if possible, shall notify the registered owner of the
property of the seizure; and

                    2. shall publish a notice:

                                    A. in a newspaper of general circulation in the county where
the vehicle, vessel, or aircraft was seized; and

                    B. informing interested persons of the seizure and the right

to file a protest.

6–207.

                                        –7–
Ch. 355                         2026 LAWS OF MARYLAND

         (a) In this section, “tetrahydrocannabinol” has the meaning stated in § 36–1102
of this article.

         (b) In a prosecution for selling alcoholic beverages or tetrahydrocannabinol
without an appropriate license, proof that the defendant displayed or offered alcoholic
beverages or tetrahydrocannabinol for sale, or kept a place of business where alcoholic
beverages or tetrahydrocannabinol were displayed or offered for sale, is prima facie
evidence that the defendant sold alcoholic beverages or tetrahydrocannabinol.

        (C) IN A PROSECUTION FOR A VIOLATION OF § 1–323(B) OF THIS ARTICLE
OR A VIOLATION LISTED IN § 1–313(B)(2)(III)2, 3, OR 4 OF THIS ARTICLE, PROOF

THAT THE DEFENDANT DISPLAYED OR OFFERED FOR SALE AN UNAUTHORIZED

CONSUMABLE PRODUCT, OR KEPT A PLACE OF BUSINESS WHERE AN UNAUTHORIZED
CONSUMABLE PRODUCT WAS DISPLAYED, ADVERTISED, OR OFFERED FOR SALE, IS

PRIMA FACIE EVIDENCE THAT THE DEFENDANT SOLD AN UNAUTHORIZED

CONSUMABLE PRODUCT.

                                Article – Health – General

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;

                                –8–
                                        WES MOORE, Governor  Ch. 355

                           (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 THE:

                                    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; 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 of a manufacturer, processor,
packer, or distributor of 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)] (E) 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.

                                        –9–
Ch. 355    2026 LAWS OF MARYLAND

        [(g)] (F) 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.

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; [and]

           (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

                              – 10 –
WES MOORE, Governor  Ch. 355

                         (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) [On an outdoor billboard or sign board that is within 500 feet of a
school] 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.

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;

                                                          – 11 –
Ch. 355                                 2026 LAWS OF MARYLAND

                           (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 of a manufacturer, processor,
packer, or distributor of 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)] (E) 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)] (F) 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.

21–2F–03.

                                        – 12 –
                           WES MOORE, Governor                            Ch. 355

         (a) A retailer may not directly or indirectly advertise a therapeutic benefit of
phenibut.

         (b) A retailer may not directly or indirectly advertise or market phenibut 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 phenibut 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; [and]

           (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 PHENIBUT PRODUCT.

         (d) It is a violation of subsection (b) of this section for a retailer to advertise or
promote a phenibut product:

                              – 13 –
Ch. 355  2026 LAWS OF MARYLAND

                  (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) [On an outdoor billboard or sign board that is within 500 feet of a
school] BY PLACING AN ADVERTISEMENT FOR KRATOM PHENIBUT 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 2. AND BE IT FURTHER ENACTED, That the Maryland Department of
Health shall notify the Alcohol, Tobacco, and Cannabis Commission within 30 days after a
change is made in the regulatory or approval status of kratom products, tianeptine
products, phenibut products, or any other product designated by the Secretary of Health as
an unauthorized consumable product for enforcement by the Executive Director of the
Alcohol, Tobacco, and Cannabis Commission.

         SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect July
1, 2026.

Approved by the Governor, May 12, 2026.

         – 14 –
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