Yes, with limits. Maryland's Kratom Consumer Protection Act allows sales to adults 21 and over, caps 7-OH at 2% of the alkaloid composition, bans synthetic alkaloids, and requires the package to state mitragynine and 7-OH amounts. Since July 1, 2026, the Alcohol, Tobacco, and Cannabis Commission can cite retailers and seize non-compliant product, including anything over 1 mg 7-OH per serving. The law's definition of retailer expressly includes manufacturers and wholesalers.
Last verified . General information, not legal advice.
What changed recently
- HB 1229 (Chapter 748), the Kratom Consumer Protection Act, was approved.
- Chapter 748 took effect: 21+ sales, 2% 7-OH cap, synthetic ban and label disclosure.
- Deadline for an MDH and Maryland Hospital Association report on adverse events from opioid-like substances, including kratom. The report was not reviewed.
- Chapters 354 and 355 (HB 1523 and SB 820) were approved.
- Chapters 354 and 355 took effect, giving ATCC citation and seizure power, adding a 1 mg per serving 7-OH seizure line and banning publicly visible kratom ads.
- Baltimore City sued kratom makers JOpen LLC, Martian Sales LLC and Pur Botanicals LLC under its Consumer Protection Ordinance.
- ATCC revised its Know the Rules: Kratom advisory for retailers.
- Federal: DEA published a notice of intent to temporarily schedule 7-OH and mitragynine pseudoindoxyl above a set threshold.
The Maryland rules in detail
Age 21 applies up the supply chain
A retailer may not sell, distribute or expose kratom for sale to anyone under 21. Maryland defines a retailer as anyone who sells, prepares or maintains kratom products, and it names manufacturers and wholesalers expressly. ATCC also expects staff to be trained on the age rule.
What the label must carry
The statute requires two things:
- The amounts of mitragynine and 7-OH on the package or label.
- The factual basis for any representation made about the product.
ATCC’s advisory adds its enforcement reading. The product must be clearly identified as kratom or Mitragyna speciosa. Alkaloid amounts must be stated in milligrams as a fixed number, with no “less than”, “up to” or ranges. The label should read “Not for sale to persons under 21 years of age.” Products with missing or incomplete labels cannot be sold.
7-OH and alkaloid limits
7-OH may not exceed 2% of the alkaloid composition. Separately, ATCC may seize any product labeled or sold with more than 1 mg of 7-OH per serving. Synthetic mitragynine, synthetic 7-OH and any synthetically derived kratom compound are banned, as are products adulterated with a dangerous non-kratom substance. No mitragynine cap was found.
Advertising and youth appeal
Therapeutic claims are banned. So is marketing that appeals to minors: cartoons, superheroes, video game references, images of people who look under 27, and since July 1, 2026, neon colors, animals and mascots. Ads may not run in media where 15% or more of the audience is under 21. Since July 1, 2026, kratom may not be advertised on buildings, signs, posters, billboards or any publicly visible location.
Testing, records and licensing
The statute does not mandate pre-market testing, and there is no kratom license. But seized product is presumed contraband unless the holder shows it complies. In practice you need a certificate of analysis for each lot and supplier records that back up the milligram numbers. See how to read a kratom lab report.
The FDA-recognition clause
Section 21-2E-02 also bars sale of a product not recognized by FDA as a dietary ingredient or approved drug. FDA has not recognized kratom that way. One news outlet read this as a statewide sales ban, while ATCC’s advisory treats compliant kratom as sellable. How regulators and courts will apply the clause is unresolved, and it is the largest legal risk in Maryland.
Local rules inside Maryland
State law is not the whole picture. Cities and counties can add their own rules, and some already have.
- Baltimore City. Sued several kratom makers in 2026 under the city Consumer Protection Ordinance. A city press release mentions a 2026 city prohibition on kratom sales effective July 2026, but no separate city ordinance could be confirmed; it may refer to the state law.
Enforcement and penalties
ATCC field officers can issue citations and seize, confiscate or destroy non-compliant kratom. Seized product is subject to summary forfeiture unless compliance is shown, and a court can suspend or revoke a retailer’s state or local licenses. The Maryland Department of Health writes the rules, though no regulations were located.
The statute sets the penalties. A label factual-basis violation carries a civil penalty of up to $1,000, and up to $2,000 for each later violation. Selling a barred product, selling to someone under 21, or breaking the advertising rules is a misdemeanor with a fine of up to $5,000, up to 90 days in jail, or both. Retailers can also be liable for damages to the person harmed.
Federal context
Federal rules sit on top of state law. As of the sources we reviewed on October 18, 2026, DEA had temporarily scheduled mitragynine pseudoindoxyl, MGM-15 and MGM-16 (effective August 26, 2026). On October 14, 2026 it published a notice of intent to temporarily schedule 7-OH and mitragynine pseudoindoxyl above a threshold (more than 1 mg per gram or per mL, or less than 100 times as much mitragynine as 7-OH); that order cannot take effect before about November 13, 2026. DEA has said its action does not override stricter state law. Check the Federal Register for anything newer, and see our overview of kratom laws for sellers for the federal background.
Wholesale buyer checklist for Maryland
- Gate every Maryland sale at 21 and over, including wholesale accounts that resell.
- Get a lot-level certificate of analysis and confirm 7-OH is at or under 2% of alkaloids and at or under 1 mg per serving.
- Print fixed milligram amounts for mitragynine and 7-OH, with no ranges or "less than" wording.
- Add the line "Not for sale to persons under 21 years of age" and name the product as kratom or Mitragyna speciosa.
- Remove any synthetic or semi-synthetic alkaloid products from Maryland orders.
- Strip therapeutic claims and youth-appeal design, and stop any publicly visible kratom advertising.
- Keep supplier records that prove alkaloid content in case of an ATCC seizure.
- Ask Maryland counsel how the FDA-recognition clause affects your products.
Tell us your products, quantities and ship-to state and we will review the Maryland rules against your order before we quote.
Maryland kratom law FAQ
Is kratom legal in Maryland?
Yes, for adults 21 and over, under the Kratom Consumer Protection Act. Products must meet a 2% 7-OH cap, contain no synthetic alkaloids and state alkaloid amounts on the label.
What is the minimum age to buy kratom in Maryland?
21. The rule binds manufacturers and wholesalers as well as stores.
What is Maryland's 7-OH limit?
7-OH may not exceed 2% of the product's alkaloid composition. ATCC can also seize any product with more than 1 mg of 7-OH per serving.
Does Maryland require a kratom license or lab testing?
No kratom license exists and the statute does not mandate testing. Seized product is presumed contraband unless you prove compliance, so lot-level lab reports are a practical necessity.
Who enforces Maryland’s kratom law?
Since July 1, 2026, the Alcohol, Tobacco, and Cannabis Commission can cite retailers and seize product. Local prosecutors handle misdemeanors.
Could Maryland's law be read as a ban?
Possibly. A clause bars products FDA has not recognized as a dietary ingredient, and FDA has not recognized kratom. ATCC treats compliant kratom as sellable, but the question is unresolved.
How we verified this page
We checked the sources below on October 18, 2026. Where a primary source (a statute, bill text or agency release) was available we relied on it, and we say so when a detail comes from news coverage or a secondary summary.
- Health-General Sec. 21-2E-02 (current statute text)
- Chapter 748 of 2024 text (HB 1229)
- Chapter 354 of 2026 text (HB 1523)
- Health-General Sec. 21-2E-01 (current statute text)
- ATCC Know The Rules: Kratom (revised July 31, 2026)
- Baltimore City Mayor press release on kratom lawsuit (2026)
- Courthouse News: Baltimore sues kratom makers citing local ordinance (July 28, 2026)
What we have not confirmed yet
- How MDH, ATCC and courts will apply the clause barring products FDA has not recognized as a dietary ingredient or approved drug.
- The exact current wording of the good-faith reliance defense in Sec. 21-2E-02(d); sources disagree on whether it survived the 2026 amendments.
- Why the codified definition of kratom product says "marketed for human consumption" when the 2024 chapter said "food product or dietary ingredient product".
- Whether Baltimore City passed its own kratom sales ordinance in 2026.
- Whether MDH has adopted regulations under Sec. 21-2E-04; none were found.
- Any 2025 Maryland kratom bills and any county ordinances.
- Whether Maryland automatically adopts a federal 7-OH temporary scheduling; this rests on a secondary source only.
Related state pages and guides
- Kratom laws in Virginia: Legal, regulated
- Kratom laws in Delaware: Legal, 21 and over
- Kratom laws in Pennsylvania: Legal, no state kratom law
- All kratom laws by state
- Kratom laws for sellers: state and local rules
- Shipping and returns
- Wholesale kratom FAQ
This page is general information, not legal advice. Laws change often and vary by city and county. Confirm the current rules with qualified counsel before you sell or ship, and recheck on a schedule.