For many years, kratom has existed in a regulatory gray area. In most of the United States, it is legal but unregulated. This means that in certain states, kratom products are not held to certain quality and safety standards. Wondering if Maryland is one of these states? More simply, is kratom legal in Maryland?
Prior to 2024, kratom was legal in Maryland without any restrictions. However, Maryland just passed a new law that will change the legality of kratom in the state. Below, you’ll find a comprehensive breakdown of the new Maryland kratom law and how it affects consumers and manufacturers.
History of Kratom Legality in Maryland
In 2020, the Maryland House and Senate each introduced a kratom bill that would have added mitragynine and 7-hydroxymitragynine to the list of Schedule I controlled substances.
The Senate version of the bill, SB 147, was amended so that it only prohibited kratom sales and purchases by anyone under 18 years old. The potential ban received vocal opposition from kratom advocates who testified about the many ways they benefited from kratom products. Both bills died during the 2020 legislative session.
In February of 2024, the Maryland House of Delegates began deliberations on House Bill 1229. This 2024 bill will establish the Maryland Kratom Consumer Protection Act (KCPA). Delegate Adrienne Jones, along with 22 other delegates (both Democrats and Republicans) sponsored this bill.
February 2024 Maryland House Committee Bill Hearing
The Maryland House of Delegates Health and Government Operations Committee held a public hearing for HB 1229 on February 28, 2024. They discussed this bill in concert with HB 1230, a regulatory bill for tianeptine. Tianeptine is a substance that people occasionally confuse with kratom. Some shops sell both kratom and tianeptine products side by side, but they are dissimilar in their pharmacology, effects, safety profile, and history of use.
The discussions in the committee emphasized the need for regulation to prevent predatory marketing of kratom products to minors or marketing using unfounded therapeutic claims. They additionally expressed concerns about the need for enforcement and further data collection.
As an aside, many speakers at the hearing failed to be specific about the exact types of kratom products they were referring to when discussing kratom’s potential benefits or adverse effects. This is a significant issue in the industry, where product types and strengths vary wildly. We cannot lump all of these products under the term “kratom.” This misleads both consumers and legislators who have to be able to distinguish between product types to make safe decisions about consumption and policy, respectively.
Before passage, the House amended the original bill. The amended bill mandates that “a retailer may not directly or indirectly advertise a therapeutic benefit of kratom.”
Final Maryland Kratom Consumer Protection Act Details
On April 4, 2024, the Senate passed HB 1229. Governor Wes Moore did not officially sign the bill after the House and Senate passed it. However, in Maryland, if the governor does not veto a bill within 30 days after it has been presented to them, it becomes law. The governor did not sign the bill, nor did he veto it. Thus, the Maryland Kratom Consumer Protection Act will go into effect on October 1, 2024.
The Maryland KCPA contains a range of provisions related to manufacturing and sales of kratom products. Here are the major details you need to know about the new Maryland kratom regulations:
FDA Recognition:
A kratom product that “has not been recognized as a dietary ingredient or approved drug by the U.S. Food and Drug Administration” may not be manufactured, distributed, or sold in Maryland.Formulation Restrictions:
Kratom products cannot be adulterated or contaminated with dangerous substances. They also cannot inlcude substances that, when combined with kratom, could be harmful for consumers. Kratom products cannot contain a level of 7-hydroxymitragynine that is over 2% of the total alkaloid content. Further, they cannot contain any synthetic alkaloids.Labeling and Marketing Requirements:
All kratom product labels must list the amount of mitragynine and 7-hydroxymitragynine contained in the product. Products may not portray any images or iconography that is associated with or intended for minors. Business cannot advertise kratom products using any claims about therapeutic benefits.Age Restrictions:
The sale of kratom to anyone under the age of 21 is illegal in Maryland. The new law also prohibits marketing, labeling, and advertising that targets minors.Penalties for Violations:
Depending upon the violation, manufacturers and retailers could be faced with both fines (from $1000 to $5000) and imprisonment.
Some of these regulations are commonly found in other states’ kratom laws, but some are unprecedented and unique to Maryland. We’ll take an in-depth look at many of the new restrictions below.
How the New Law Affects Consumers and Manufacturers
Consumers over the age of 21 may not notice a difference in kratom sales after the passage of HB 1229. However, they may find that that the selection of kratom products narrows a bit. After the law goes into effect, retailers will hopefully stop selling products that don’t meet the product quality and labeling standards laid out in the Maryland kratom law.
In contrast, the state will be altogether prohibiting retailers from selling kratom products to individuals under 21 years old. Kratom age restrictions, like the one established in Maryland, have become far more common in recent years. The new KCPA in Kentucky, which was also passed in April, similarly restricts kratom sales to individuals over 21 years old.
Strict Limitations on Marketing to Minors
Will kratom brands that feature retro characters or bright pink hippopotamuses soon be illegal in Maryland?
The Maryland kratom law does not simply prohibit the sale of kratom products to minors. It further prohibits any marketing that is potentially targeting minors.
For example, manufacturers and retailers may not advertise or package their products using any cartoons, superheroes, video game references, or kids’ foods. Even more, they can’t portray any celebrities associated with minors or images of anyone who looks as though they are under 27 years old. It is also illegal to sell kratom products in publications or at public events where the audience contains 15% or more individuals under the age of 21.
Under the new law, many brands’ current packaging and advertising materials will become illegal. It will be interesting to see whether or not brands make the requisite changes to their content for Maryland sales.
Penalties for Selling Kratom Illegally in Maryland
As noted above, there are both civil and criminal penalties for violating the Maryland Kratom Consumer Protection Act.
Failure to “disclose on the kratom product label the factual basis on which the representation is made” is subject to civil penalties. The fee is $1,000 for initial violations and $2,000 for subsequent violations of the Maryland KCPA. On the other hand, a retailer who violates the laws related to manufacturing, labeling, or age restrictions will be guilty of a misdemeanor. The penalty could include a fine up to $5,000 and up to 90 days in prison. Retailers are also liable for any civil damages incurred as a result of a violation.
HB 1229 does not specify any penalties for the possession of kratom by individuals under the age of 21. Plus, anyone prosecuted for violating a part of the Maryland KCPA may be exonerated if they were given false information from manufacturers, processors, or distributors.
FDA Kratom Recognition Requirement
The Maryland KCPA specifies that all kratom products must be recognized as a dietary ingredient or approved drug by the United States Food and Drug Administration (FDA) to be legally sold in the state. This type of wording is not typical for KCPA legislation in other states.
Related: Main Reasons Why the Kratom Community Should Consider Supporting the Kratom Consumer Protection Act
The FDA has not yet categorized kratom as a food, dietary supplement, or drug. These are the three categories the FDA uses to distinguish between product types in the U.S. The category placement determines which regulatory guidelines the products must adhere to. Advocates have been pushing for FDA approval and federal regulation of kratom for a long time. Unfortunately, the federal government has not yet established nationwide guidelines.
Many companies have submitted New Dietary Ingredient Notifications to the FDA in the past. It is unclear whether or not the existing NDIs for various kratom product types will suffice for Maryland to consider the kratom products legal after the Maryland KCPA goes into effect. The alternative option, to get approval for a kratom product as a drug, could take many years.
Preventing a Future Kratom Ban in Maryland
If we want the answer to the question, “is kratom legal in Maryland?” to continue to be a resolute yes, then we need to continue fighting for kratom destigmatization and above-board sales and marketing in Maryland and across the globe.
The future legality of kratom in Maryland isn’t a guarantee. If unscrupulous producers or retailers sell kratom products or isolated alkaloid extracts in a way that leads to increased consumer harm, the entire kratom industry could face the consequences.
The final section of the Maryland KCPA, 21-2D-04, stipulates that the Maryland Department of Health and Maryland Hospital Association will be responsible for reporting the number of adverse health events related to the use of substances like kratom and tianeptine to the Maryland General Assembly by December 31, 2025.
A report that details high numbers of adverse events could incite harsher regulations or even a kratom ban in Maryland. Even without the threat of a ban or more severe restrictions on sales, though, consumers well-being should be vendors’ priority.
The Outsized Impact of Kratom Tea on Reducing Stigma to Keep Kratom Legal
Certain kratom brands are doing everything in their power to support consumer access to kratom in the long term. To keep kratom legal, they are not just selling high-quality products that meet state regulations. They are also creating products that can change the way people outside of the kratom community view the kratom landscape.
For example, Top Tree Herbs created kratom tea bags because tea is a very popular product type that people recognize and know how to use. Unlike extract shots or tablets, kratom tea bags are familiar and easy to use. They contain a more moderate amount of kratom per serving and undergo lab testing for product strength and potential contaminants. The tea boxes are thoroughly labeled with instructions and warning so people know what to expect when consuming the tea.
Many other kratom companies and kratom organizations are similarly committed to enhancing consumer education and product quality. When you avoid buying kratom from businesses that fail to meet quality standards for manufacturing and labeling—and thus, hopefully prevent adverse events from occurring—you can make a big difference in supporting the longevity of the kratom industry.
Navigating Kratom Laws in Maryland and Beyond
Maryland is now the 13th state to pass legislation to regulate kratom. With these new laws set to take effect on October 1, 2024, consumers can expect more transparency in labeling, stricter age requirements, and penalties for non-compliance.
However, the ultimate impact on the kratom industry and kratom consumers will depend on how well the state enforces these regulations and whether or not they succeed in preventing adverse health events associated with kratom use.
Stay up to date on the latest kratom news by signing up for the Better Brewing Newsletter. You’ll get just one email at the end of every month with information about recent kratom legal updates, kratom research, and community news.
