Is MGM-16 Legal in Maryland? (2026)

Instrument

Department authority; federal designation similarly controlled unless the Department objects

Source

https://mgaleg.maryland.gov/2026RS/Statute_Web/gcr/5-202.pdf

Retrieved

2026-10-29

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§5–202.

(a)

The Department shall control all substances listed in Subtitle 4 of this

title.

(b)

In accordance with the Administrative Procedure Act, the Department
may add a substance as a controlled dangerous substance on its own initiative or on
the petition of an interested party.

(c)

To  determine  whether  to  add  a  substance  as  a  controlled  dangerous

substance, the Department shall consider:

(1)

the actual or relative potential for abuse of the substance;

(2)

if known, scientific evidence of the pharmacological effect of the

substance;

(3)

the state of current scientific knowledge regarding the substance;

(4)

the history and current pattern of abuse of the substance;

(5)

the scope, duration, and significance of abuse of the substance;

(6)

any risk that the substance poses to the public health;

(7)
dependence; and

the ability of the substance to cause psychological or physiological

(8)  whether the substance is an immediate precursor of a controlled

dangerous substance.

(d)

After considering the factors listed in subsection (c) of this section, the

Department shall:

(1)  make findings with respect to those factors; and

(2)

issue an order  to  control  the  substance if the  Department  finds

that the substance has a potential for abuse.

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(e)

If the Department designates a substance as an immediate precursor of
a controlled dangerous substance, a substance that is a precursor of the immediate
precursor is not subject to control solely because it is a precursor of the immediate
precursor.

(f)

(1)

A  new  substance  that  is  designated  as  a  controlled  substance
under federal law is a similarly controlled dangerous substance under this title unless
the Department objects to the inclusion.

(2)

If  the  Department  objects,  it  shall  publish  the  reasons  for  the

objection and give each interested party an opportunity to be heard.

(3)

After  the  hearing,  the  Department  shall  publish  its  decision,

which is final.

(4)

An action for judicial review of a final decision made in accordance

with this section does not stay the effect of the decision.

(g)

The Department annually shall update and republish a schedule.

Instrument

Kratom products: definitions; prohibited sales

Source

https://mgaleg.maryland.gov/2026RS/Statute_Web/ghg/21-2E-02.pdf

Retrieved

2026-11-08

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§21–2E–01.
(a)

In this subtitle the following words have the meanings indicated.

(b)
"Kratom product" means a product marketed for human consumption
containing any part of the leaf of the plant Mitragyna speciosa.
(c)

(1)

“Retailer” means a person that:
(i)

Sells, prepares, or maintains kratom products; or

(ii)
Advertises, represents, or holds itself out as selling,
preparing, or maintaining kratom products.
(2)
“Retailer” includes a manufacturer, wholesaler, store, restaurant,
hotel, catering facility, camp, bakery, delicatessen, supermarket, grocery store,
convenience store, gas station, or food or drink company.

§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
established under paragraph (1) of this subsection; or

requirement

(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:

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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.

Instrument

Kratom products: disclosure, prohibited products, age 21

Source

https://mgaleg.maryland.gov/2026RS/Statute_Web/ghg/21-2E-02.pdf

Retrieved

2026-10-29

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§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:

established under paragraph (1) of this subsection; or

(i)

Does  not  comply  with  the  disclosure  requirement

approved drug by the U.S. Food and Drug Administration.

(ii)  Has  not  been  recognized  as  a  dietary  ingredient  or

(b)

(1)

Subject  to  paragraph  (2)  of  this  subsection,  a  retailer  may  not

prepare, distribute, sell, or expose for sale any of the following:

substance other than kratom;

(i)

A  kratom  product  that  is  adulterated  with  a  dangerous

substance other than kratom;

(ii)  A kratom product that is contaminated with a dangerous

7–
hydroxymitragynine in the alkaloid fraction that is greater than 2% of the alkaloid
composition of the product;

(iii)  A  kratom  product

containing

level

of

a

(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

A product  containing kratom that does not include on its
package or label the amount of mitragynine and 7–hydroxymitragynine contained in
the product.

(v)

(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:

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substance other than kratom; and

1.

The  kratom  product  is  mixed  or  packed  with  a

That substance affects the quality or strength of the
kratom product to a degree as to render the kratom product injurious to a consumer.

2.

(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.

Instrument

MD KCPA - age 21, 2% 7-OH cap, synthetic ban, labeling

Source

https://mgaleg.maryland.gov/2024rs/Chapters_noln/CH_748_hb1229t.pdf

Retrieved

2026-07-07

Fingerprint

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21-2D-01. (B) "Kratom product" means a food product or dietary ingredient product marketed for human consumption containing any part of the leaf of the plant Mitragyna speciosa. (C) “Retailer” means a person that sells/prepares/maintains kratom products (incl. manufacturer, wholesaler, store, convenience store, gas station, etc.).
21-2D-02. (A) A retailer ... shall disclose on the product label the factual basis on which the representation [as kratom] is made ... (B)(1) A retailer may not prepare, distribute, sell, or expose for sale: (I) a kratom product adulterated with a dangerous substance other than kratom; (II) contaminated ...; (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 ... (C) A retailer may not distribute, sell, or expose for sale a kratom product to an individual under the age of 21 years. (E) civil penalty up to $1,000/$2,000. (F) misdemeanor fine up to $5,000, up to 90 days, or both.