Bill > HB1523

This bill expands the enforcement powers of the Alcohol, Tobacco, and Cannabis Commission's Field Enforcement Division by allowing them to issue citations for violations related to unauthorized consumable products, which include specific types of tianeptine, kratom, and phenibut products, as well as any product containing poisonous substances. It also prohibits retailers from selling, distributing, or advertising these unauthorized consumable products, defining "retailer" broadly to include various businesses involved in their sale or preparation. The Executive Director of the Commission is authorized to seize, confiscate, and destroy these unauthorized products, which are presumed to be contraband unless proven to be approved for human consumption by the Maryland Department of Health or the U.S. Food and Drug Administration. Retailers violating these provisions face misdemeanor charges with potential fines, imprisonment, and civil liability for damages, and their licenses may be suspended or revoked. Additionally, the bill clarifies that displaying or offering an unauthorized consumable product for sale is considered prima facie evidence of selling it, and it also updates regulations regarding the advertising and marketing of kratom and phenibut products, particularly to minors, and requires the Department of Health to notify the Commission of any changes in the regulatory status of these products.

Health and Social Services

https://mgaleg.maryland.gov/mgawebsite/Legislation/Details/HB1523?ys=2026RS