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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.
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*sb0820*
SENATE BILL 820
J1, A1 (6lr3047)
ENROLLED BILL
— Finance/Health and Judiciary —
Introduced by Senator Hayes
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.
______________________________________________
President.
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
certain time; and generally relating to enforcement and seizure of unauthorized 14
consumable products by the Alcohol, Tobacco, and Cannabis Commission. 15
2 SENATE BILL 820
BY repealing and reenacting, with amendments, 1
Article – Alcoholic Beverages and Cannabis 2
Section 1–313, 6–101, and 6–207 3
Annotated Code of Maryland 4
(2024 Replacement Volume and 2025 Supplement) 5
BY adding to 6
Article – Alcoholic Beverages and Cannabis 7
Section 1–323 8
Annotated Code of Maryland 9
(2024 Replacement Volume and 2025 Supplement) 10
BY repealing and reenacting, with amendments, 11
Article – Health – General 12
Section 21–2E–02, 21–2E–03, 21–2F–02, and 21–2F–03 13
Annotated Code of Maryland 14
(2023 Replacement Volume and 2025 Supplement) 15
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16
That the Laws of Maryland read as follows: 17
Article – Alcoholic Beverages and Cannabis 18
1–313. 19
(a) There is a Field Enforcement Division in the Office of the Executive Director. 20
(b) (1) The Field Enforcement Division may employ officers and employees as 21
provided in the State budget. 22
(2) The officers and employees of the Field Enforcement Division: 23
(i) shall be sworn police officers; 24
(ii) shall have the powers, duties, and responsibilities of peace 25
officers to enforce the provisions of this article relating to: 26
1. the unlawful importation of alcoholic beverages, tobacco, 27
and cannabis into the State; 28
2. the unlawful manufacture of alcoholic beverages, tobacco, 29
and cannabis in the State; 30
3. the transportation and distribution throughout the State 31
of alcoholic beverages, tobacco, and cannabis that are manufactured illegally and on which 32
SENATE BILL 820 3
any alcoholic beverages taxes, tobacco taxes, or cannabis taxes imposed by the State are 1
due and unpaid; and 2
4. the manufacture, sale, barter, transportation, 3
distribution, or other form of owning, handling, or dispersing alcoholic beverages, tobacco, 4
or cannabis by any person not licensed or authorized under this article, provisions of the 5
Tax – General Article relating to alcoholic beverages, tobacco, or cannabis, or provisions of 6
the Business Regulation Article relating to alcoholic beverages, tobacco, or cannabis; 7
(iii) may issue a citation or other charging document to a person who 8
has committed a violation of [§ 10–108]: 9
1. SECTION 10–108 of the Criminal Law Article; 10
2. TITLE 21, SUBTITLE 2D OF THE HEALTH – GENERAL 11
ARTICLE; 12
3. TITLE 21, SUBTITLE 2E OF THE HEALTH – GENERAL 13
ARTICLE; AND 14
4. TITLE 21, SUBTITLE 2F OF THE HEALTH – GENERAL 15
ARTICLE; and 16
(iv) may make cooperative arrangements for and work and cooperate 17
with the Office of the Comptroller, local State’s Attorneys, sheriffs, bailiffs, police, and other 18
prosecuting and peace officers to enforce this article. 19
(c) The Field Enforcement Division: 20
(1) shall consult with and advise the local State’s Attorneys and other law 21
enforcement officials and police officers regarding enforcement problems in their respective 22
jurisdictions; and 23
(2) may recommend changes to improve the administration of this article, 24
provisions of the Tax – General Article relating to alcoholic beverages, tobacco, and 25
cannabis, and provisions of the Business Regulation Article relating to tobacco. 26
1–323. 27
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 28
INDICATED. 29
(2) “ADVERTISE” INCLUDES PACKAGING, LABELING, OR ELECTRONIC 30
COMMUNICATION. 31
4 SENATE BILL 820
(3) (I) “RETAILER” MEANS A PERSON THAT: 1
1. SELLS, PREPARES, OR MAINTAINS UNAUTHO RIZED 2
CONSUMABLE PRODUCTS; OR 3
2. ADVERTISES, REPRESENTS, OR HOLDS ITSELF OUT AS 4
SELLING, PREPARING, OR MAINTAINING UNAUTHORIZED CONSUMABLE PRODUCTS. 5
(II) “RETAILER” INCLUDES THE FOLLOWI NG PERSONS, IF THE 6
PERSON OTHERWISE MEETS THE DEFINITION ESTABLISHED UNDER SUBPARAGRAPH 7
(I) OF THIS PARAGRAPH: 8
1. A MANUFACTURER; 9
2. A WHOLESALER; 10
3. A STORE; 11
4. A RESTAURANT; 12
5. A HOTEL; 13
6. A CATERING FACILITY; 14
7. A CAMP; 15
8. A BAKERY; 16
9. A DELICATESSEN; 17
10. A SUPERMARKET; 18
11. A GROCERY STORE; 19
12. A CONVENIENCE STORE; 20
13. A GAS STATION; 21
14. A FOOD COMPANY; AND 22
15. A DRINK COMPANY. 23
(4) “UNAUTHORIZED CONSUMABLE PRODUCT” MEANS: 24
SENATE BILL 820 5
(I) A TIANEPTINE PRODUCT AS DEFINED IN § 21–2D–01 OF THE 1
HEALTH – GENERAL ARTICLE; 2
(II) A KRATOM PRODUCT , AS DEFINED IN § 21–2E–01 OF THE 3
HEALTH – GENERAL ARTICLE DESCRIBED IN § 21–2E–02(A)(2) OR § 21–2E–02(B) 4
OF THE HEALTH – GENERAL ARTICLE THAT IS ADVER TISED, PROMOTED, 5
PACKAGED, OR LABELED IN A MANN ER PROHIBITED UNDER § 21–2E–03 OF THE 6
HEALTH – GENERAL ARTICLE, THAT DOES NOT COMPLY WITH TITLE 21, SUBTITLE 7
2E OF THE HEALTH – GENERAL ARTICLE; 8
(III) A PHENIBUT PRODUCT, AS DEFINED IN § 21–2F–01 OF THE 9
HEALTH – GENERAL ARTICLE THAT IS DESCRIBED IN § 21–2F–02(A)(2) OR § 10
21–2F–02(B) OF THE HEALTH – GENERAL ARTICLE THAT IS ADVER TISED, 11
PROMOTED, PACKAGED, OR LABELED IN A MANNER PROHIBITED UNDER § 21–2F–03 12
OF THE HEALTH – GENERAL ARTICLE, THAT DOES NOT COMPLY WITH TITLE 21, 13
SUBTITLE 2F OF THE HEALTH – GENERAL ARTICLE; AND 14
(IV) A CONSUMABLE PRODUCT THAT CONTAINS A POISONOUS OR 15
DELETERIOUS SUBSTANC E IN VIOLATION OF A RULE OR REGULATION A DOPTED 16
UNDER § 21–239(C) OF THE HEALTH – GENERAL ARTICLE AND IS DESIGNATED BY 17
THE SECRETARY OF HEALTH FOR ENFORCEMENT BY THE EXECUTIVE DIRECTOR. 18
(B) A RETAILER MAY NOT DIS TRIBUTE, SELL, EXPOSE FOR SALE , OR 19
ADVERTISE FOR SALE AN UNAUTHORIZED CONSUMABLE PRODUCT. 20
(C) THE EXECUTIVE DIRECTOR MAY SEIZE, CONFISCATE, OR DESTROY: 21
(1) AN UNAUTHORIZED CONS UMABLE PRODUCT THAT IS OFFERED , 22
ADVERTISED, OR DISPLAYED FOR SALE TO A CONSUMER IN THE STATE; AND AND 23
(2) A PRODUCT THAT IS LA BELED, ADVERTISED, REPRESENTED, OR 24
OFFERED FOR SALE AS CONTAINING: 25
(I) 7–HYDROXYMITRAGYNINE IN AN AMOUNT THAT: 26
1. FOR A KRATOM PRODUCT , IS GREATER THAN THE 27
AMOUNT PERMITTED UND ER § 21–2E–02(B)(1)(III) OF THE HEALTH – GENERAL 28
ARTICLE; OR 29
2. IS GREATER THAN 1 MILLIGRAM PER SERVING; 30
(I) KRATOM; 31
6 SENATE BILL 820
(II) 7–HYDROXYMITRAGYNINE; 1
(III) ANY PART OF THE PLANT MITRAGYNA SPECIOSA; 2
(IV) (I) (II) TIANEPTINE SODIUM; 3
(V) (II) (III) TIANEPTINE SULFATE; OR 4
(VI) (III) PHENIBUT; OR 5
(VII) (IV) BETA–PHENYL–GAMMA–AMINOBUTYRIC ACID HCL; 6
AND 7
(3) A PRODUCT REPRESENTE D TO CONTAIN KRATOM , 8
7–HYDROXYMITRAGYNINE, OR ANY PART OF THE P LANT MITRAGYNA SPECIOSA 9
THAT IS: 10
(I) LABELED OR ADVERTISED IN VIOLATION OF § 21–2E–02 OR 11
§ 21–2E–03 OF THE HEALTH – GENERAL ARTICLE; OR 12
(II) LABELED, ADVERTISED, OR OTHERWISE REPRESE NTED TO 13
CONTAIN MORE THAN ONE MILLIGRAM PER SERVING OF 7–HYDROXYMITRAGYNINE. 14
(D) A PRODUCT SEIZED UNDER SUBSECTION (C) OF THIS SECTION IS 15
PRESUMED TO BE CONTR ABAND AND SUBJECT TO SUMMARY FORFEITURE UNLESS 16
THE PERSON FROM WHOM THE PRODUCT WAS SEIZ ED DEMONSTRATES THE 17
PRODUCT WAS APPROVED IS: 18
(1) IF APPLICABLE, IN COMPLIANCE WITH TITLE 21, SUBTITLE 2E OF 19
THE HEALTH – GENERAL ARTICLE; OR 20
(2) AUTHORIZED FOR SALE AND DISTRIB UTION FOR THE PURPOS ES 21
OF HUMAN CONSUMPTION BY: 22
(1) (I) THE MARYLAND DEPARTMENT OF HEALTH; OR 23
(2) (II) THE U.S. FOOD AND DRUG ADMINISTRATION. 24
(E) A RETAILER THAT VIOLAT ES SUBSECTION (B) OF THIS SECTION IS 25
GUILTY OF A MISDEMEA NOR AND ON CONVICTIO N IS SUBJECT TO A FI NE NOT 26
EXCEEDING $5,000. 27
SENATE BILL 820 7
(F) IN ADDITION TO THE PENALTIES ESTABLISHED UNDER THIS SECTION: 1
(1) THE DISTRICT COURT MAY ORDER THE EXECUTIVE DIRECTOR, 2
THE COMPTROLLER, OR THE APPLICABLE LO CAL LICENSING BOARD OR 3
COMMISSION TO: 4
(I) SUSPEND OR REVOKE A LICENSE ISSUED UNDER THIS 5
ARTICLE OR TITLE 16, 16.5, 16.7, OR 17 OF THE BUSINESS REGULATION ARTICLE; 6
AND 7
(II) DISPOSE OF OR DESTROY AN UNAUTHORIZED CONSUMABLE 8
PRODUCT SEIZED UNDER SUBSECTION (C) OF THIS SECTION; AND 9
(2) A RETAILER THAT VIOL ATES THIS SECTION IS LIABLE FOR CIVIL 10
DAMAGES SUSTAINED BY AN INDIVIDUAL THAT RESULT FROM THE VIOLATION. 11
6–101. 12
(a) Alcoholic beverages , UNAUTHORIZED CONSUMA BLE PRODUCTS , AS 13
DEFINED UNDER § 1–323 OF THIS ARTICLE, and other contraband kept, possessed, used, 14
sold, manufactured, stored, or transported in violation of this article: 15
(1) are subject to seizure and forfeiture; and 16
(2) when seized, may be recovered or disposed of only as provided in this 17
subtitle. 18
(b) Property is forfeited if it: 19
(1) was seized as contraband in the possession or control of a defendant 20
who is found guilty of violating this article; [or] 21
(2) is otherwise found to be contraband or in violation of this article; OR 22
(3) WAS SEIZED IN ACCORDANCE WITH § 1–323 OF THIS ARTICLE. 23
(c) (1) Except as provided in paragraph (2) of this subsection, property is 24
forfeited if it: 25
(i) is seized as contraband and remains unclaimed for 30 days after 26
seizure; and 27
(ii) has not been destroyed in accordance with this subtitle. 28
8 SENATE BILL 820
(2) (i) A vehicle, a vessel, or an aircraft that is seized as contraband is 1
forfeited unless a protest is filed within 30 days after the publication under subparagraph 2
(ii) of this paragraph. 3
(ii) The Comptroller or the Executive Director, as appropriate: 4
1. if possible, shall notify the registered owner of the 5
property of the seizure; and 6
2. shall publish a notice: 7
A. in a newspaper of general circulation in the county where 8
the vehicle, vessel, or aircraft was seized; and 9
B. informing interested persons of the seizure and the right 10
to file a protest. 11
6–207. 12
(a) In this section, “tetrahydrocannabinol” has the meaning stated in § 36 –1102 13
of this article. 14
(b) In a prosecution for selling alcoholic beverages or tetrahydrocannabinol 15
without an appropriate license, proof that the defendant displayed or offered alcoholic 16
beverages or tetrahydrocannabinol for sale, or kept a place of business where alcoholic 17
beverages or tetrahydrocannabinol were displayed or offered for sale, is prima facie 18
evidence that the defendant sold alcoholic beverages or tetrahydrocannabinol. 19
(C) IN A PROSECUTION FOR A VIOLATION OF § 1–323(B) OF THIS ARTICLE 20
OR A VIOLATION LISTE D IN § 1–313(B)(2)(III)2, 3, OR 4 OF THIS ARTICLE , PROOF 21
THAT THE DEFENDANT D ISPLAYED OR OFFERED FOR SALE AN UNAUTHOR IZED 22
CONSUMABLE PRODUCT, OR KEPT A PLACE OF BUSINESS WHERE AN UNAUTHORIZED 23
CONSUMABLE PRODUCT WAS DISPLAYED, ADVERTISED, OR OFFERED FOR SALE , IS 24
PRIMA FACIE EVIDENCE THAT THE DEFENDANT S OLD AN UNAUTHORIZED 25
CONSUMABLE PRODUCT. 26
Article – Health – General 27
21–2E–02. 28
(a) (1) A retailer that prepares, distributes, sells, or exposes for sale a kratom 29
product shall disclose on the product label the factual basis on which the representation is 30
made. 31
(2) A retailer may not prepare, distribute, sell, or expose for sale a kratom 32
product that: 33
SENATE BILL 820 9
(i) Does not comply with the disclosure requirement established 1
under paragraph (1) of this subsection; or 2
(ii) Has not been recognized as a dietary ingredient or approved drug 3
by the U.S. Food and Drug Administration. 4
(b) (1) Subject to paragraph (2) of this subsection, a retailer may not prepare, 5
distribute, sell, or expose for sale any of the following: 6
(i) A kratom product that is adulterated with a dangerous substance 7
other than kratom; 8
(ii) A kratom product that is contaminated with a dangerous 9
substance other than kratom; 10
(iii) A kratom product containing a level of 7–hydroxymitragynine in 11
the alkaloid fraction that is greater than 2% of the alkaloid composition of the product; 12
(iv) A kratom product containing a synthetic alkaloid, includ ing 13
synthetic mitragynine, synthetic 7–hydroxymitragynine, or any other synthetically derived 14
compound of the kratom plant; or 15
(v) A product containing kratom that does not include on its package 16
or label the amount of mitragynine and 7–hydroxymitragynine contained in the product. 17
(2) (i) For the purpose of paragraph (1)(i) of this subsection, a kratom 18
product is adulterated with a dangerous substance other than kratom if: 19
1. The THE: 20
1. The kratom product is mixed or packed with a substance 21
other than kratom; and 22
2. That substance affects the quality or strength of the 23
kratom product to a degree as to render the kratom product injurious to a consumer; and 24
2. That substance affects the quality or strength of the 25
kratom product to a degree as to render the kratom product injurious to a consumer. 26
(ii) For the purpose of paragraph (1)(ii) of this subsection, a kratom 27
product is contaminated with a dangerous substance other than kra tom if the kratom 28
product contains a poisonous or otherwise deleterious ingredient other than kratom, 29
including a drug that is designated as a controlled dangerous substance under Title 5 of 30
the Criminal Law Article. 31
10 SENATE BILL 820
(c) A retailer may not distribute, se ll, or expose for sale a kratom product to an 1
individual under the age of 21 years. 2
(d) [In a prosecution for a violation of this section, it is a REBUTTABLE defense 3
that the defendant relied in good faith on the representations of a manufacturer, processor, 4
packer, or distributor of ON THE MANUFACTURER’S LABEL ON a kratom product. 5
(e)] A retailer that violates subsection (a)(1) of this section is subject to a civil 6
penalty not exceeding: 7
(1) $1,000 for a first violation; and 8
(2) $2,000 for each subsequent violation. 9
[(f)] (E) A retailer that violates subsection (a)(2), (b), or (c) of this section is 10
guilty of a misdemeanor and on conviction is subject to a fine not exceeding $5,000, 11
imprisonment for not more than 90 days, or both. 12
[(g)] (F) In addition to any other penalties specified in this section, a retailer 13
who violates this section is liable for any civil damages sustained by the individual resulting 14
from the violation. 15
21–2E–03. 16
(a) A retailer may not directly or indirectly advertise a therapeutic benefit of 17
kratom. 18
(b) A retailer may not directly or indirectly advertise or market kratom products 19
to minors. 20
(c) It is a violation of subsection (b) of this section for a retailer to use any of the 21
following in the advertising, promotion, packaging, or labeling of a kratom product: 22
(1) A cartoon; 23
(2) A superhero; 24
(3) A video game reference; 25
(4) An image of a food product primarily intended for minors; 26
(5) A trademark that imitates or mimics the trademark of a product that 27
has been advertised or marketed primarily to minors; 28
(6) A symbol or celebrity that is primarily associated with minors or media 29
primarily directed to minors; [and] 30
SENATE BILL 820 11
(7) An image of an individual who appears to be under the age of 27 years; 1
AND 2
(8) OTHER IMAGES , GRAPHICS, OR FEATURES OR LIKEN ESSES TO 3
IMAGES, GRAPHICS, OR FEATURES THAT ARE POPULARLY USED TO AD VERTISE TO 4
CHILDREN, INCLUDING: 5
(I) NEON COLORS , SIGNS, OR OTHER BRIGHTLY CO LORED 6
DISPLAYS; 7
(II) ANIMALS; 8
(III) MASCOTS; OR 9
(IV) STATEMENTS, ARTWORK, OR DESIGNS THAT COUL D 10
REASONABLY MISLEAD AN INDIVIDUAL TO BELIEVE THAT THE PACKAGE CONTAINS 11
ANYTHING OTHER THAN A KRATOM PRODUCT. 12
(d) It is a violation of subsection (b) of this section for a retailer to advertise or 13
promote a kratom product: 14
(1) In a newspaper, a magazine, a periodical, or any other publication for 15
which individuals under the age of 21 years constitute 15% or more of the total audience, 16
as measured by competent and reliable survey evidence; 17
(2) At a concert, a stadium, a sporting event, or any other public event for 18
which individuals under the age of 21 years constitute 15% or more of the total audience, 19
as measured by competent and reliable survey evidence; or 20
(3) [On an outdoor billboard or sign boar d that is within 500 feet of a 21
school] BY PLACING AN ADVERTISEMENT FOR KRATOM ON THE SIDE OF A BUILDING 22
OR ANOTHER PUBLICLY VISIBLE LOCATION OF ANY FORM , INCLUDING A SIGN , A 23
POSTER, A PLACARD, A DEVICE, A GRAPHIC DISPLAY, AN OUTDOOR BILLBOARD, OR 24
A FREESTANDING SIGNBOARD. 25
(E) A RETAILER THAT VIOLAT ES THIS SECTION IS G UILTY OF A 26
MISDEMEANOR AND ON CONVICTION IS SUBJECT TO A FINE NOT EXCEEDING $5,000, 27
IMPRISONMENT FOR NOT MORE THAN 90 DAYS, OR BOTH. 28
21–2F–02. 29
(a) (1) A retailer that prepares, distributes, sells, or exposes for sale a 30
phenibut product shall disclose on the product label the factual basis on which any 31
representations regarding the phenibut product are made. 32
12 SENATE BILL 820
(2) A retailer may not prepare, distribute, sell, or expose for sale a phenibut 1
product that: 2
(i) Does not comply with the disclosure requirement established 3
under paragraph (1) of this subsection; or 4
(ii) Has not been recognized as a dietary ingredient or approved drug 5
by the U.S. Food and Drug Administration. 6
(b) (1) Subject to paragraph (2) of this subsection, a retailer may not prepare, 7
distribute, sell, or expose for sale any of the following: 8
(i) A phenibut product that is adulterated with a dangerous 9
substance other than phenibut; 10
(ii) A phenibut prod uct that is contaminated with a dangerous 11
substance other than phenibut; or 12
(iii) A product containing phenibut that does not include on its 13
package or label the amount of beta –phenyl–gamma–aminobutyric acid HCl contained in 14
the product. 15
(2) (i) For the purpose of paragraph (1)(i) of this subsection, a phenibut 16
product is adulterated with a dangerous substance other than phenibut if: 17
1. The phenibut product is mixed or packed with a substance 18
other than phenibut; and 19
2. That substance affec ts the quality or strength of the 20
phenibut product to a degree as to render the phenibut product injurious to a consumer. 21
(ii) For the purpose of paragraph (1)(ii) of this subsection, a phenibut 22
product is contaminated with a dangerous substance other than phenibut if the phenibut 23
product contains a poisonous or otherwise deleterious ingredient other than phenibut, 24
including a drug that is designated as a controlled dangerous substance under Title 5 of 25
the Criminal Law Article. 26
(c) A retailer may not distribute, sell, or expose for sale a phenibut product to an 27
individual under the age of 21 years. 28
(d) [In a prosecution for a violation of this section, it is a REBUTTABLE defense 29
that the defendant relied in good faith on the representations of a manufacturer, processor, 30
packer, or distributor of ON THE MANUFACTURER’S LABEL ON a phenibut product. 31
SENATE BILL 820 13
(e)] A retailer that violates subsection (a)(1) of this section is subject to a civil 1
penalty not exceeding: 2
(1) $1,000 for a first violation; and 3
(2) $2,000 for each subsequent violation. 4
[(f)] (E) A retailer that violates subsection (a)(2), (b), or (c) of this section is 5
guilty of a misdemeanor and on conviction is subject to a fine not exceeding $5,000, 6
imprisonment for not more than 90 days, or both. 7
[(g)] (F) In addition to any other penalties specified in this section, a retailer 8
who violates this section is liable for any civil damages sustained by the individual resulting 9
from the violation. 10
21–2F–03. 11
(a) A retailer may not directly or indirectly advertise a therapeutic benefit of 12
phenibut. 13
(b) A retailer may not directly or indirectly advertise or market phenibut products 14
to minors. 15
(c) It is a violation of subsection (b) of this section for a retailer to use any of the 16
following in the advertising, promotion, packaging, or labeling of a phenibut product: 17
(1) A cartoon; 18
(2) A superhero; 19
(3) A video game reference; 20
(4) An image of a food product primarily intended for minors; 21
(5) A trademark that imitates or mimics the trademark of a product that 22
has been advertised or marketed primarily to minors; 23
(6) A symbol or celebrity that is primarily associated with minors or media 24
primarily directed to minors; [and] 25
(7) An image of an individual who appears to be under the age of 27 years; 26
AND 27
(8) OTHER IMAGES , GRAPHICS, OR FEATURES OR LIKEN ESSES TO 28
IMAGES, GRAPHICS, OR FEATURES THAT ARE POPULARLY USED TO AD VERTISE TO 29
CHILDREN, INCLUDING: 30
14 SENATE BILL 820
(I) NEON COLORS , SIGNS, OR OTHER BRIGHTLY CO LORED 1
DISPLAYS; 2
(II) ANIMALS; 3
(III) MASCOTS; OR 4
(IV) STATEMENTS, ARTWORK, OR DESIGNS THAT COUL D 5
REASONABLY MISLEAD AN INDIVIDUAL TO BELIEVE THAT THE PACKAGE CONTAINS 6
ANYTHING OTHER THAN A PHENIBUT PRODUCT. 7
(d) It is a violation of subsection (b) of this section for a retailer to advertise or 8
promote a phenibut product: 9
(1) In a newspaper, a magazine, a periodical, or any other publication for 10
which individuals under the age of 21 years constitute 15% or more of the total audience, 11
as measured by competent and reliable survey evidence; 12
(2) At a concert, a stadium, a sporting event, or any other public event for 13
which individuals under the age of 21 years constitute 15% or more of the total audience, 14
as measured by competent and reliable survey evidence; or 15
(3) [On an ou tdoor billboard or sign board that is within 500 feet of a 16
school] BY PLACING AN ADVERTISEMENT FOR KRATOM PHENIBUT ON THE SIDE OF A 17
BUILDING OR ANOTHER PUBLICLY VISIBLE LOCATION OF ANY FORM , INCLUDING A 18
SIGN, A POSTER , A PLACARD , A DEVICE , A GRAPHIC DISPLA Y, AN OUTDOOR 19
BILLBOARD, OR A FREESTANDING SIGNBOARD. 20
(E) A RETAILER THAT VIOLAT ES THIS SECTION IS G UILTY OF A 21
MISDEMEANOR AND ON CONVICTION IS SUBJECT TO A FINE NOT EXCEEDING $5,000, 22
IMPRISONMENT FOR NOT MORE THAN 90 DAYS, OR BOTH. 23
SECTION 2. AND BE IT FURTHER ENACTED, That the Maryland Department of 24
Health shall notify the Alcohol, Tobacco, and Cannabis Commission within 30 days after a 25
change is made in the regulatory or approval status of kratom products, tianeptine 26
products, phenibut products, or any other product designated by the Secretary of Health as 27
an unauthorized consumable product for enforcement by the Executive Director of the 28
Alcohol, Tobacco, and Cannabis Commission. 29
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect July 30
1, 2026. 31