Legal

Is Kratom Legal in Maryland?

Possessing it is not a crime, but selling it is now one of the most tightly policed kratom markets in the country, and one clause in the law makes retail legality genuinely unclear.

October 30, 2026 · 9 min read · Last checked: October 30, 2026

Current legal status

Kratom is not a controlled dangerous substance in Maryland as of October 30, 2026. No state law makes it a crime for an adult to possess or use kratom leaf.

Selling it is a different matter. Maryland passed a Kratom Consumer Protection Act in 2024, then gave a state enforcement agency seizure power over noncompliant products starting July 1, 2026.

The honest answer on retail sales is that it is unclear. The statute bars retailers from selling any kratom product that FDA has not recognized as a dietary ingredient or approved drug, and FDA has done neither. Courthouse News reported that Maryland "effectively banned the sale of kratom statewide as of July 1." The ATCC's own retailer fact sheet, revised July 31, 2026, says compliant kratom products can be sold legally. We could not find official guidance that reconciles the two.

"Contested" reflects conflicting official and press descriptions, not a court ruling. For the national picture, see our kratom legality by state guide.

The statute: Health-General Title 21, Subtitle 2E

Maryland's kratom rules sit in the Health-General Article, Title 21, Subtitle 2E. They started as HB 1229, the "Public Health – Kratom Consumer Protection Act," which passed the House 137–0 and the Senate 47–0. Governor Moore signed it on May 16, 2024 as Chapter 748, effective October 1, 2024.

Who counts as a retailer

Section 21-2E-01 defines a kratom product as a product containing any part of the Mitragyna speciosa leaf that is marketed for human consumption. The retailer definition is broad. It covers anyone who sells, prepares, or maintains kratom products, and it names manufacturers, wholesalers, convenience stores, gas stations, and restaurants.

The core prohibitions in § 21-2E-02

• Disclosure. A retailer must state on the label the factual basis for any representation it makes about the product.
• FDA status. A retailer may not sell a kratom product that has not been recognized as a dietary ingredient or approved drug by FDA.
• Purity. No products adulterated or contaminated with a dangerous non-kratom substance.
• Potency and synthetics. No 7-OH above 2% of the alkaloid fraction and no synthetic alkaloids.
• Labeling. No product whose label omits the amounts of mitragynine and 7-OH.
• Age. No sales to anyone under 21.

The 2026 enforcement law

HB 1523 and SB 820, both titled "Alcohol, Tobacco, and Cannabis Commission – Unauthorized Consumable Products – Enforcement and Seizure," were signed on May 12, 2026 as Chapters 354 and 355. They took effect July 1, 2026.

The new law defines an "unauthorized consumable product" to include any kratom product that does not comply with Subtitle 2E or is advertised or packaged in a prohibited way. It also covers tianeptine and noncompliant phenibut.

Under Chapter 355, displaying or offering a product for sale is prima facie evidence of a sale. ATCC says keeping noncompliant kratom behind the counter counts.

Age limits

Maryland's minimum age for kratom is 21. Section 21-2E-02(c) states that a retailer may not sell or distribute a kratom product "to an individual under the age of 21 years."

The ATCC adds a labeling requirement tied to age. Its fact sheet says every compliant kratom label must state "Not for sale to persons under 21 years of age."

Selling to an underage buyer is a misdemeanor under § 21-2E-02, with a fine up to $5,000, up to 90 days in jail, or both.

Labeling and product rules

The ATCC fact sheet spells out what inspectors look for. It is the clearest official checklist available for Maryland.

What a compliant label needs

1. Identify the product as kratom or Mitragyna speciosa.
2. Print the age warning: "Not for sale to persons under 21 years of age."
3. List exact milligram amounts of both mitragynine and 7-OH. ATCC says "less than," "up to," the ≤ or < symbols, and ranges do not comply.
4. Make no medical or therapeutic claims, such as pain relief, anxiety relief, or help with opioid withdrawal.

Packaging and advertising limits

Packaging may not appeal to children. The 2026 law and ATCC list cartoons, superheroes, video game references, neon or bright colors, animals, mascots, and packaging that mimics popular kids' foods.

Chapter 355 also bars kratom ads on building sides and other publicly visible spots. ATCC says stores may not use exterior or window signs advertising kratom.

7-OH and synthetic compounds

Maryland's limits

Maryland set two 7-OH limits. The 2024 act bars products with 7-OH above 2% of the alkaloid composition. The 2026 law makes a product subject to seizure if it is labeled, advertised, or offered as containing more than 1 mg of 7-OH per serving.

Any product with synthetic mitragynine, synthetic 7-OH, or another lab-made kratom compound is banned at retail under § 21-2E-02(b)(1)(iv).

Federal scheduling and how it reaches Maryland

DEA temporarily placed mitragynine pseudoindoxyl, MGM-15, and MGM-16 in federal Schedule I on August 26, 2026. On October 14, 2026, DEA published notice that it intends to temporarily schedule 7-OH and mitragynine pseudoindoxyl above a threshold: more than 1 mg per gram for solids, more than 1 mg per mL for liquids, or a mitragynine-to-7-OH ratio under 100. That order cannot issue until 30 days after the notice.

Maryland Criminal Law § 5-202(f) says a substance newly controlled under federal law becomes similarly controlled in Maryland unless the Department of Health objects. We found no objection, but MDH's posted supplemental list was last updated in March 2025 and does not yet name these compounds. Our DEA 7-OH scheduling explainer covers the federal thresholds in detail.

Baltimore and other local action

Baltimore is the one Maryland jurisdiction with documented kratom action. A release from Mayor Brandon M. Scott's office says the city "prohibited sales of kratom products in Baltimore, effective July 2026." The release does not cite a city ordinance or council bill, and we could not find one. It may refer to the state's July 1 enforcement law.

The same release announced a lawsuit in Baltimore City Circuit Court against JOpen LLC, Martian Sales LLC, and Pur Botanicals LLC, companies tied to O.P.M.S.-branded kratom. The city alleges deceptive marketing under its Consumer Protection Ordinance. These are allegations, not findings.

We found no other city or county kratom ban documented by an official Maryland source. Our overview of city and county kratom bans tracks local rules nationwide.

Buying and shipping notes

• Expect thin store shelves. ATCC field inspections target noncompliant liquids, capsules, powders, and drinks. Its fact sheet lists convenience stores, gas stations, smoke and vape shops, and liquor stores among the businesses affected.
• Online sellers are not clearly exempt. The statute's retailer definition covers anyone who sells kratom products, and ATCC's seizure power covers products offered for sale to consumers in Maryland. Neither carves out out-of-state shippers.
• Check each vendor's Maryland policy. Vendors set their own no-ship lists, and the unresolved FDA clause gives them reason to be cautious. Confirm before ordering.
• Expect 21+ verification. Maryland's age floor applies to any retailer selling to a Maryland buyer.
• Skip anything with vague 7-OH numbers. A label that says "less than" or gives a range fails Maryland's rule.

What's pending

• The FDA clause. Whether § 21-2E-02(a)(2)(ii) bars all retail kratom sales remains unsettled. A court ruling, an attorney general opinion, or new ATCC or MDH guidance would clarify it.
• Federal 7-OH order. DEA's threshold order could publish no earlier than about November 13, 2026. Under § 5-202(f), it would carry into Maryland unless MDH objects.
• Baltimore's lawsuit. The case against the O.P.M.S.-linked companies is pending in circuit court.
• The 2027 session. Maryland has considered outright bans before. HB 283 in 2020 would have added mitragynine and 7-OH to Schedule I; it got a committee hearing and went no further.

Regional context: Massachusetts went further in 2026. Its public health commissioner issued an emergency order on August 13 placing all forms of kratom in that state's Schedule I for up to a year. Maryland has not taken that step.