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EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
Italics indicate opposite chamber/conference committee amendments.
*hb1523*
HOUSE BILL 1523
J1, A1 (6lr2655)
ENROLLED BILL
— Health and Judiciary/Finance —
Introduced by Delegate Ross Delegates Ross, Alston, Bagnall, Cullison, Guzzone,
Hill, Hutchinson, S. Johnson, Kaufman, Kipke, Lopez, Martinez, M. Morgan,
Reilly, Rosenberg, Szeliga, Taveras, White Holland, and Woorman
Read and Examined by Proofreaders:
_______________________________________________
Proofreader.
_______________________________________________
Proofreader.
Sealed with the Great Seal and presented to the Governor, for his approval this
_______ day of _______________ at ________________________ o’clock, ________M.
______________________________________________
Speaker.
CHAPTER ______
AN ACT concerning 1
Alcohol, Tobacco, and Cannabis Commission – Unauthorized Consumable 2
Products – Enforcement and Seizure 3
FOR the purpose of altering the violations of law with respect to which the Field 4
Enforcement Division of the Alcohol, Tobacco, and Cannabis Commission is 5
authorized to issue a citation or charging document; prohibiting a retailer from 6
distributing, sellin g, exposing for sale, or advertising for sale unauthorized 7
consumable products; authorizing the Executive Director of the Commission to seize, 8
confiscate, or destroy unauthorized consumable products and certain other products; 9
establishing and repealing altering certain provisions governing the enforcement of 10
certain prohibitions related to unauthorized consumable products; requiring the 11
Maryland Department of Health to report certain changes related to unauthorized 12
consumable products to the Alcohol, Tob acco, and Cannabis Commission within a 13
2 HOUSE BILL 1523
certain time; and generally relating to enforcement and seizure of unauthorized 1
consumable products by the Alcohol, Tobacco, and Cannabis Commission. 2
BY repealing and reenacting, with amendments, 3
Article – Alcoholic Beverages and Cannabis 4
Section 1–313, 6–101, and 6–207 5
Annotated Code of Maryland 6
(2024 Replacement Volume and 2025 Supplement) 7
BY adding to 8
Article – Alcoholic Beverages and Cannabis 9
Section 1–323 10
Annotated Code of Maryland 11
(2024 Replacement Volume and 2025 Supplement) 12
BY repealing and reenacting, with amendments, 13
Article – Health – General 14
Section 21–2E–02, 21–2E–03, 21–2F–02, and 21–2F–03 15
Annotated Code of Maryland 16
(2023 Replacement Volume and 2025 Supplement) 17
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 18
That the Laws of Maryland read as follows: 19
Article – Alcoholic Beverages and Cannabis 20
1–313. 21
(a) There is a Field Enforcement Division in the Office of the Executive Director. 22
(b) (1) The Field Enforcement Division may employ officers and employees as 23
provided in the State budget. 24
(2) The officers and employees of the Field Enforcement Division: 25
(i) shall be sworn police officers; 26
(ii) shall have the powers, duties, and responsibilities of peace 27
officers to enforce the provisions of this article relating to: 28
1. the unlawful importation of alcoholic beverages, tobacco, 29
and cannabis into the State; 30
2. the unlawful manufacture of alcoholic beverages, tobacco, 31
and cannabis in the State; 32
HOUSE BILL 1523 3
3. the transportation and distribution throughout the State 1
of alcoholic beverages, tobacco, and cannabis that are manufactured illegally and on which 2
any alcoholic beverages taxes, tobacco taxes, or cannabis taxes imposed by the State are 3
due and unpaid; and 4
4. the manufacture, sale, barter, transportation, 5
distribution, or other form of owning, handling, or dispersing alcoholic beverages, tobacco, 6
or cannabis by any person not licensed or authorized under this article, provisions of the 7
Tax – General Article relating to alcoholic beverages, tobacco, or cannabis, or provisions of 8
the Business Regulation Article relating to alcoholic beverages, tobacco, or cannabis; 9
(iii) may issue a citation or other charging document to a person who 10
has committed a violation of [§ 10–108]: 11
1. SECTION 10–108 of the Criminal Law Article; 12
2. TITLE 21, SUBTITLE 2D OF THE HEALTH – GENERAL 13
ARTICLE; 14
3. TITLE 21, SUBTITLE 2E OF THE HEALTH – GENERAL 15
ARTICLE; AND 16
4. TITLE 21, SUBTITLE 2F OF THE HEALTH – GENERAL 17
ARTICLE; and 18
(iv) may make cooperative arrangements for and work and cooperate 19
with the Office of the Comptroller, local State’s Attorneys, sheriffs, bailiffs, police, and other 20
prosecuting and peace officers to enforce this article. 21
(c) The Field Enforcement Division: 22
(1) shall consult with and advise the local State’s Attorneys and other law 23
enforcement officials and police officers regarding enforcement problems in their respective 24
jurisdictions; and 25
(2) may recommend changes to improve the administration of this article, 26
provisions of the Tax – General Article relating to alcoholic beverages, tobacco, and 27
cannabis, and provisions of the Business Regulation Article relating to tobacco. 28
1–323. 29
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAV E THE MEANINGS 30
INDICATED. 31
4 HOUSE BILL 1523
(2) “ADVERTISE” INCLUDES PACKAGING, LABELING, OR ELECTRONIC 1
COMMUNICATION. 2
(3) (I) “RETAILER” MEANS A PERSON THAT: 3
1. SELLS, PREPARES, OR MAINTAINS UNAUTHO RIZED 4
CONSUMABLE PRODUCTS; OR 5
2. ADVERTISES, REPRESENTS, OR HOLDS ITSELF OUT AS 6
SELLING, PREPARING, OR MAINTAINING UNAUTHORIZED CONSUMABLE PRODUCTS. 7
(II) “RETAILER” INCLUDES THE FOLLOWI NG PERSONS, IF THE 8
PERSON OTHERWISE MEETS THE DEFINITION ESTABLISHED UNDER SUBPARAGRAPH 9
(I) OF THIS PARAGRAPH: 10
1. A MANUFACTURER; 11
2. A WHOLESALER; 12
3. A STORE; 13
4. A RESTAURANT; 14
5. A HOTEL; 15
6. A CATERING FACILITY; 16
7. A CAMP; 17
8. A BAKERY; 18
9. A DELICATESSEN; 19
10. A SUPERMARKET; 20
11. A GROCERY STORE; 21
12. A CONVENIENCE STORE; 22
13. A GAS STATION; 23
14. A FOOD COMPANY; AND 24
HOUSE BILL 1523 5
15. A DRINK COMPANY. 1
(4) “UNAUTHORIZED CONSUMABLE PRODUCT” MEANS: 2
(I) A TIANEPTINE PRODUCT AS DEFINED IN § 21–2D–01 OF THE 3
HEALTH – GENERAL ARTICLE; 4
(II) A KRATOM PRODUCT , AS DEFINED IN § 21–2E–01 OF THE 5
HEALTH – GENERAL ARTICLE DESCRIBED IN § 21–2E–02(A)(2) OR § 21–2E–02(B) 6
OF THE HEALTH – GENERAL ARTICLE THAT IS ADVER TISED, PROMOTED, 7
PACKAGED, OR LABELED IN A MANN ER PROHIBITED UNDER § 21–2E–03 OF THE 8
HEALTH – GENERAL ARTICLE THAT DOES NOT COMPLY WITH TITLE 21, SUBTITLE 9
2E OF THE HEALTH – GENERAL ARTICLE; 10
(III) A PHENIBUT PRODUCT A S DEFINED IN § 21–2F–01 OF THE 11
HEALTH – GENERAL ARTICLE THAT IS DESCRIBED IN § 21–2F–02(A)(2) OR § 12
21–2F–02(B) OF THE HEALTH – GENERAL ARTICLE THAT IS ADVER TISED, 13
PROMOTED, PACKAGED, OR LABELED IN A MANNER PROHIBITED UNDER § 21–2F–03 14
OF THE HEALTH – GENERAL ARTICLE THAT DOES NOT COMPLY WITH TITLE 21, 15
SUBTITLE 2F OF THE HEALTH – GENERAL ARTICLE; AND 16
(IV) A CONSUMABLE PRODUCT THAT CONTAINS A POISONOUS OR 17
DELETERIOUS SUBSTANCE IN VIOLATION OF A RU LE OR REGULATION ADO PTED 18
UNDER § 21–239(C) OF THE HEALTH – GENERAL ARTICLE AND IS DESIGNATED BY 19
THE SECRETARY OF HEALTH FOR ENFORCEMENT BY THE EXECUTIVE DIRECTOR. 20
(B) A RETAILER MAY NOT DIS TRIBUTE, SELL, EXPOSE FOR SALE, OR 21
ADVERTISE FOR SALE AN UNAUTHORIZED CONSUMABLE PRODUCT. 22
(C) THE EXECUTIVE DIRECTOR MAY SEIZE, CONFISCATE, OR DESTROY: 23
(1) AN UNAUTHORIZED CONS UMABLE PRODUCT THAT IS OFFERED , 24
ADVERTISED, OR DISPLAYED FOR SALE TO A CONSUMER IN THE STATE; AND 25
(2) A PRODUCT THAT IS LA BELED, ADVERTISED, REPRESENTED, OR 26
OFFERED FOR SALE AS CONTAINING: 27
(I) KRATOM; 28
(II) 7–HYDROXYMITRAGYNINE IN AN AMOUNT THAT: 29
6 HOUSE BILL 1523
1. FOR A KRATOM PRODUCT , IS GREATER THAN THE 1
AMOUNT PERMITTED UND ER § 21–2E–02(B)(1)(III) OF THE HEALTH – GENERAL 2
ARTICLE; OR 3
2. IS GREATER THAN 1 MILLIGRAM PER SERVING; 4
(III) ANY PART OF THE PLANT MITRAGYNA SPECIOSA; 5
(IV) (II) TIANEPTINE SODIUM; 6
(V) (III) TIANEPTINE SULFATE; OR 7
(VI) PHENIBUT; OR 8
(VII) (IV) BETA–PHENYL–GAMMA–AMINOBUTYRIC ACID HCL. 9
(D) A PRODUCT SEIZED UNDER SUBSECTION (C) OF THIS SECTION IS 10
PRESUMED TO BE CONTR ABAND AND SUBJECT TO SUMMARY FORFEITURE UNLESS 11
THE PERSON FROM WHOM THE PRODUCT WAS SEIZ ED DEMONSTRATES THE 12
PRODUCT WAS APPROVED IS: 13
(1) IF APPLICABLE, IN COMPLIANCE WITH TITLE 21, SUBTITLE 2E OF 14
THE HEALTH – GENERAL ARTICLE; OR 15
(2) AUTHORIZED FOR SALE AND DISTRIB UTION FOR THE PURPOS ES 16
OF HUMAN CONSUMPTION BY: 17
(1) (I) THE MARYLAND DEPARTMENT OF HEALTH; OR 18
(2) (II) THE U.S. FOOD AND DRUG ADMINISTRATION. 19
(E) A RETAILER THAT VIOLAT ES SUBSECTION (B) OF THIS SECTION IS 20
GUILTY OF A MISDEMEA NOR AND ON CONVICTIO N IS SUBJECT TO A FI NE NOT 21
EXCEEDING $5,000. 22
(F) IN ADDITION TO THE PENALTIES ESTABLISHED UNDER THIS SECTION: 23
(1) THE DISTRICT COURT MAY ORDER THE EXECUTIVE DIRECTOR, 24
THE COMPTROLLER, OR THE APPLICABLE LO CAL LICENSING BOARD OR 25
COMMISSION TO: 26
HOUSE BILL 1523 7
(I) SUSPEND OR REVOKE A LICENSE ISSUED UNDER THIS 1
ARTICLE OR TITLE 16, 16.5, 16.7, OR 17 OF THE BUSINESS REGULATION ARTICLE; 2
AND 3
(II) DISPOSE OF OR DESTROY AN UNAUTHORIZED CONSUMABLE 4
PRODUCT SEIZED UNDER SUBSECTION (C) OF THIS SECTION; AND 5
(2) A RETAILER THAT VIOL ATES THIS SECTION IS LIABLE FOR CIVIL 6
DAMAGES SUSTAINED BY AN INDIVIDUAL THAT RESULT FROM THE VIOLATION. 7
6–101. 8
(a) Alcoholic beverages , UNAUTHORIZED CONSUMA BLE PRODUCTS , AS 9
DEFINED UNDER § 1–323 OF THIS ARTICLE, and other contraband kept, possessed, used, 10
sold, manufactured, stored, or transported in violation of this article: 11
(1) are subject to seizure and forfeiture; and 12
(2) when seized, may be recovered or disposed of only as provided in this 13
subtitle. 14
(b) Property is forfeited if it: 15
(1) was seized as contraband in the possession or control of a defendant 16
who is found guilty of violating this article; [or] 17
(2) is otherwise found to be contraband or in violation of this article; OR 18
(3) WAS SEIZED IN ACCORDANCE WITH § 1–323 OF THIS ARTICLE. 19
(c) (1) Except as provided in paragraph (2) of this subsection, property is 20
forfeited if it: 21
(i) is seized as contraband and remains unclaimed for 30 days after 22
seizure; and 23
(ii) has not been destroyed in accordance with this subtitle. 24
(2) (i) A vehicle, a vessel, or an aircraft that is seized as contraband is 25
forfeited unless a protest is filed within 30 days after the publication under subparagraph 26
(ii) of this paragraph. 27
(ii) The Comptroller or the Executive Director, as appropriate: 28
8 HOUSE BILL 1523
1. if possible, shall notify the registered owner of the 1
property of the seizure; and 2
2. shall publish a notice: 3
A. in a newspaper of general circulation in the county where 4
the vehicle, vessel, or aircraft was seized; and 5
B. informing interested persons of the seizure and the right 6
to file a protest. 7
6–207. 8
(a) In this section, “tetrahydrocannabinol” has the meaning stated in § 36 –1102 9
of this article. 10
(b) In a prosecution for selling alcoholic beverages or tetrahydrocannabinol 11
without an appropriate license, proof that the defendant displayed or offered alcoholic 12
beverages or tetrahydrocannabinol for sale, or kept a place of business where alcoholic 13
beverages or tetrahydrocannabinol were displayed or offered for sale, is prima f acie 14
evidence that the defendant sold alcoholic beverages or tetrahydrocannabinol. 15
(C) IN A PROSECUTION FOR A VIOLATION OF § 1–323(B) OF THIS ARTICLE 16
OR A VIOLATION LISTE D IN § 1–313(B)(2)(III)2, 3, OR 4 OF THIS ARTICLE , PROOF 17
THAT THE DEFENDANT D ISPLAYED OR OFFERED FOR SAL E AN UNAUTHORIZED 18
CONSUMABLE PRODUCT, OR KEPT A PLACE OF BUSINESS WHERE AN UNAUTHORIZED 19
CONSUMABLE PRODUCT WAS DISPLAYED, ADVERTISED, OR OFFERED FOR SALE , IS 20
PRIMA FACIE EVIDENCE THAT THE DEFENDANT S OLD AN UNAUTHORIZED 21
CONSUMABLE PRODUCT. 22
Article – Health – General 23
21–2E–02. 24
(a) (1) A retailer that prepares, distributes, sells, or exposes for sale a kratom 25
product shall disclose on the product label the factual basis on which the representation is 26
made. 27
(2) A retailer may not prepare, distribute, sell, or expose for sale a kratom 28
product that: 29
(i) Does not comply with the disclosure requirement established 30
under paragraph (1) of this subsection; or 31
(ii) Has not been recognized as a dietary ingredient or approved drug 32
by the U.S. Food and Drug Administration. 33
HOUSE BILL 1523 9
(b) (1) Subject to paragraph (2) of this subsection, a retailer may not prepare, 1
distribute, sell, or expose for sale any of the following: 2
(i) A kratom product that is adulterated with a dangerous substance 3
other than kratom; 4
(ii) A kratom product that is contaminated with a dangerous 5
substance other than kratom; 6
(iii) A kratom product containing a level of 7–hydroxymitragynine in 7
the alkaloid fraction that is greater than 2% of the alkaloid composition of the product; 8
(iv) A kratom product containing a synthetic alkaloid, including 9
synthetic mitragynine, synthetic 7–hydroxymitragynine, or any other synthetically derived 10
compound of the kratom plant; or 11
(v) A product containing kratom that does not include on its package 12
or label the amount of mitragynine and 7–hydroxymitragynine contained in the product. 13
(2) (i) For the purpose of paragraph (1)(i) of this subsection, a kratom 14
product is adulterated with a dangerous substance other than kratom if: 15
1. The kratom product is mixed or packed with a substance 16
other than kratom; and 17
2. That substance affects the quality or strength of the 18
kratom product to a degree as to render the kratom product injurious to a consumer. 19
(ii) For the purpose of paragraph (1)(ii) of this subsection, a kratom 20
product is contaminated with a dangerous substance other than kratom if the kratom 21
product contains a poisonous or otherwise deleterious ingredient other than kratom, 22
including a drug that is designat ed as a controlled dangerous substance under Title 5 of 23
the Criminal Law Article. 24
(c) A retailer may not distribute, sell, or expose for sale a kratom product to an 25
individual under the age of 21 years. 26
(d) [In a prosecution for a violation of this sec tion, it is a REBUTTABLE defense 27
that the defendant relied in good faith on the representations of a manufacturer, processor, 28
packer, or distributor of ON THE MANUFACTURER’S LABEL ON a kratom product. 29
(e)] A retailer that violates subsection (a)(1) of th is section is subject to a civil 30
penalty not exceeding: 31
(1) $1,000 for a first violation; and 32
10 HOUSE BILL 1523
(2) $2,000 for each subsequent violation. 1
[(f)] (E) A retailer that violates subsection (a)(2), (b), or (c) of this section is 2
guilty of a misdemeanor and on conviction is subject to a fine not exceeding $5,000, 3
imprisonment for not more than 90 days, or both. 4
[(g)] (F) In addition to any other penalties specified in this section, a retailer 5
who violates this section is liable for any civil damages sustained by the individual resulting 6
from the violation. 7
21–2E–03. 8
(a) A retailer may not directly or indirectly advertise a therapeutic benefit of 9
kratom. 10
(b) A retailer may not directly or indirectly advertise or market kratom products 11
to minors. 12
(c) It is a violation of subsection (b) of this section for a retailer to use any of the 13
following in the advertising, promotion, packaging, or labeling of a kratom product: 14
(1) A cartoon; 15
(2) A superhero; 16
(3) A video game reference; 17
(4) An image of a food product primarily intended for minors; 18
(5) A trademark that imitates or mimics the trademark of a product that 19
has been advertised or marketed primarily to minors; 20
(6) A symbol or celebrity that is primarily associated with minors or media 21
primarily directed to minors; [and] 22
(7) An image of an individual who appears to be under the age of 27 years; 23
AND 24
(8) OTHER IMAGES , GRAPHICS, OR FEATURES OR LIKEN ESSES TO 25
IMAGES, GRAPHICS, OR FEATURES THAT ARE POPULARLY USED TO AD VERTISE TO 26
CHILDREN, INCLUDING: 27
(I) NEON COLORS , SIGNS, OR OTHER BRIGHTLY CO LORED 28
DISPLAYS; 29
HOUSE BILL 1523 11
(II) ANIMALS; 1
(III) MASCOTS; OR 2
(IV) STATEMENTS, ARTWORK, OR DESIGNS THAT COUL D 3
REASONABLY MISLEAD AN INDIVIDUAL TO BELIEVE THAT THE PACKAGE CONTAINS 4
ANYTHING OTHER THAN A KRATOM PRODUCT. 5
(d) It is a violation of subsection (b) of this section for a retailer to advertise or 6
promote a kratom product: 7
(1) In a newspaper, a magazine, a periodical, or any other publication for 8
which individuals under the age of 21 ye ars constitute 15% or more of the total audience, 9
as measured by competent and reliable survey evidence; 10
(2) At a concert, a stadium, a sporting event, or any other public event for 11
which individuals under the age of 21 years constitute 15% or more of t he total audience, 12
as measured by competent and reliable survey evidence; or 13
(3) [On an outdoor billboard or sign board that is within 500 feet of a 14
school] BY PLACING AN ADVERTISEMENT FOR KRATOM ON THE SIDE OF A BUILDING 15
OR ANOTHER PUBLICLY VISIBLE LOC ATION OF ANY FORM , INCLUDING A SIGN , A 16
POSTER, A PLACARD, A DEVICE, A GRAPHIC DISPLAY, AN OUTDOOR BILLBOARD, OR 17
A FREESTANDING SIGNBOARD. 18
(E) A RETAILER THAT VIOLAT ES THIS SECTION IS G UILTY OF A 19
MISDEMEANOR AND ON CONVICTION IS SUBJECT TO A FINE NOT EXCEEDING $5,000, 20
IMPRISONMENT FOR NOT MORE THAN 90 DAYS, OR BOTH. 21
21–2F–02. 22
(a) (1) A retailer that prepares, distributes, sells, or exposes for sale a 23
phenibut product shall disclose on the product label the factual basis on which any 24
representations regarding the phenibut product are made. 25
(2) A retailer may not prepare, distribute, sell, or expose for sale a phenibut 26
product that: 27
(i) Does not comply with the disclosure requirement established 28
under paragraph (1) of this subsection; or 29
(ii) Has not been recognized as a dietary ingredient or approved drug 30
by the U.S. Food and Drug Administration. 31
12 HOUSE BILL 1523
(b) (1) Subject to paragraph (2) of this subsection, a retailer may not prepare, 1
distribute, sell, or expose for sale any of the following: 2
(i) A phenibut product that is adulterated with a dangerous 3
substance other than phenibut; 4
(ii) A phenibut product that is contaminated with a dangerous 5
substance other than phenibut; or 6
(iii) A product containing phenibut that does not include on its 7
package or label the amount of beta –phenyl–gamma–aminobutyric acid HCl contained in 8
the product. 9
(2) (i) For the purpose of paragraph (1)(i) of this subsection, a phenibut 10
product is adulterated with a dangerous substance other than phenibut if: 11
1. The phenibut product is mixed or packed with a substance 12
other than phenibut; and 13
2. That substance affects the quality or strength of the 14
phenibut product to a degree as to render the phenibut product injurious to a consumer. 15
(ii) For the purpose of paragraph (1)(ii) of this subsection, a phenibut 16
product is contaminated with a dangerous substance other than phenibut if the phenibut 17
product contains a poisonous or otherwise deleterious ingredient other than phenibut, 18
including a drug that is desi gnated as a controlled dangerous substance under Title 5 of 19
the Criminal Law Article. 20
(c) A retailer may not distribute, sell, or expose for sale a phenibut product to an 21
individual under the age of 21 years. 22
(d) [In a prosecution for a violation of this section, it is a REBUTTABLE defense 23
that the defendant relied in good faith on the representations of a manufacturer, processor, 24
packer, or distributor of ON THE MANUFACTURER’S LABEL ON a phenibut product. 25
(e)] A retailer that violates subsection (a)(1) of this section is subject to a civil 26
penalty not exceeding: 27
(1) $1,000 for a first violation; and 28
(2) $2,000 for each subsequent violation. 29
[(f)] (E) A retailer that violates subsection (a)(2), (b), or (c) of this section is 30
guilty of a misdemeanor and on conviction is subject to a fine not exceeding $5,000, 31
imprisonment for not more than 90 days, or both. 32
HOUSE BILL 1523 13
[(g)] (F) In addition to any other penalties specified in this section, a retailer 1
who violates this section is liable for any civil damages sustained by the individual resulting 2
from the violation. 3
21–2F–03. 4
(a) A retailer may not directly or indirectly advertise a therapeutic benefit of 5
phenibut. 6
(b) A retailer may not directly or indirectly advertise or market phenibut products 7
to minors. 8
(c) It is a violation of subsection (b) of this section for a retailer to use any of the 9
following in the advertising, promotion, packaging, or labeling of a phenibut product: 10
(1) A cartoon; 11
(2) A superhero; 12
(3) A video game reference; 13
(4) An image of a food product primarily intended for minors; 14
(5) A trademark that imitates or mimics the trademark of a product that 15
has been advertised or marketed primarily to minors; 16
(6) A symbol or celebrity that is primarily associated with minors or media 17
primarily directed to minors; [and] 18
(7) An image of an individual who appears to be under the age of 27 years; 19
AND 20
(8) OTHER IMAGES , GRAPHICS, OR FEATURES OR LIKEN ESSES TO 21
IMAGES, GRAPHICS, OR FEATURES THAT ARE POPULARLY USED TO AD VERTISE TO 22
CHILDREN, INCLUDING: 23
(I) NEON COLORS , SIGNS, OR OTHER BRIGHTLY CO LORED 24
DISPLAYS; 25
(II) ANIMALS; 26
(III) MASCOTS; OR 27
14 HOUSE BILL 1523
(IV) STATEMENTS, ARTWORK, OR DESIGNS THAT COUL D 1
REASONABLY MISLEAD AN INDIVIDUAL TO BELIEVE THAT TH E PACKAGE CONTAINS 2
ANYTHING OTHER THAN A PHENIBUT PRODUCT. 3
(d) It is a violation of subsection (b) of this section for a retailer to advertise or 4
promote a phenibut product: 5
(1) In a newspaper, a magazine, a per iodical, or any other publication for 6
which individuals under the age of 21 years constitute 15% or more of the total audience, 7
as measured by competent and reliable survey evidence; 8
(2) At a concert, a stadium, a sporting event, or any other public eve nt for 9
which individuals under the age of 21 years constitute 15% or more of the total audience, 10
as measured by competent and reliable survey evidence; or 11
(3) [On an outdoor billboard or sign board that is within 500 feet of a 12
school] BY PLACING AN ADVERTISEMENT FOR KRATOM PHENIBUT ON THE SIDE OF A 13
BUILDING OR ANOTHER PUBLICLY VISIBLE LOCATION OF ANY FORM , INCLUDING A 14
SIGN, A POSTER , A PLACARD , A DEVICE , A GRAPHIC DISPLAY , AN OUTDOOR 15
BILLBOARD, OR A FREESTANDING SIGNBOARD. 16
(E) A RETAILER THAT VIOLAT ES THIS SECTION IS GUIL TY OF A 17
MISDEMEANOR AND ON CONVICTION IS SUBJECT TO A FINE NOT EXCEEDING $5,000, 18
IMPRISONMENT FOR NOT MORE THAN 90 DAYS, OR BOTH. 19
SECTION 2. AND BE IT FURTHER ENACTED, That the Maryland Department of 20
Health shall notify the Alcohol, Tobacco, and Cannabis Commission within 30 days after a 21
change is made in the regulatory or approval status of kratom products, tianeptine 22
products, phenibut products, or any other product designated by the Secretary of Health as 23
an unauthorized consumable product for enforcement by the Executive Director of the 24
Alcohol, Tobacco, and Cannabis Commission. 25
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect July 26
1, 2026. 27