Maryland § 21-2E-02

§ 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;

            (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 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.

            (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 defense that the defendant relied in good faith on the representations of a manufacturer, processor, packer, or distributor of 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)    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.