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 certain health articles concerning tianeptine, kratom, and phenibut products, in addition to existing laws. It also prohibits retailers from distributing, selling, or advertising "unauthorized consumable products," which are defined to include specific products like tianeptine, kratom, and phenibut that do not comply with state regulations, as well as any consumable product containing a poisonous substance designated by the Secretary of Health. The Executive Director of the Commission is authorized to seize, confiscate, or destroy these unauthorized products and certain other items, such as products containing specific amounts of 7-hydroxymitragynine or tianeptine. Retailers found violating these provisions face misdemeanor charges, fines, potential license suspension or revocation, and civil liability for damages. The bill also clarifies that proof of displaying or offering an unauthorized consumable product for sale is considered prima facie evidence of selling it, and it establishes specific rules for the advertising and marketing of kratom and phenibut products, particularly concerning minors. Finally, the Maryland Department of Health is required to notify the Commission about changes in the regulatory status of these products.