MarylandHB 09962025 Regular SessionHouse

Public Health - Phenibut Consumer Protection Act (JT Alvey Phenibut Consumer Protection Act)

Sponsored By: Harry Bhandari (Democratic)

Signed by Governor

Public HealthAdvertisingCivil OffensesCommittees and CommissionsConsumer ProtectionControlled Dangerous Substances -see also- Drugs; OpioidsDisclosureDrugs -see also- Cannabis; ControlDangSubst; Pharm; etc.Fines -see also- Penalties and SentencesFood -see also- Meat, Poultry, & Seafood; Milk; etc.Health -see also- COVID19; EnvHlth; MedCon; etc.Health, Department ofHospitals -see also- Clinics; State HospitalsIndustry and TechnologyLabelingMinors -see also- Age of Majority; YouthPenalties and Sentences -see also- Death PenaltyReportsRestaurantsRetail SalesRules and RegulationsStandards and Best Practices

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Bill Overview

Analyzed Economic Effects

2 provisions identified: 0 benefits, 0 costs, 2 mixed.

New safeguards and limits on phenibut

Beginning October 1, 2025, Maryland sets new rules for products marketed for human consumption containing beta-phenyl-gamma-aminobutyric acid HCl, or phenibut. Retailers cannot prepare, distribute, sell, or offer these products without FDA recognition as a dietary ingredient or drug approval. Retailers also cannot distribute, sell, or offer products made harmful by another substance, including poisonous ingredients or controlled drugs. Packages or labels must state the amount of phenibut, and labels must give the factual basis for product claims. Products missing the required claim disclosures cannot be prepared, distributed, sold, or offered for sale. Claim-disclosure violations carry civil penalties up to $1,000 initially and $2,000 for each later violation. Approval, harmful-ingredient, and amount-label violations carry misdemeanor penalties: up to $5,000, 90 days in jail, or both. Retailers are also liable for consumer damages caused by violations; good-faith reliance on a manufacturer's, processor's, packer's, or distributor's statements is a defense in prosecutions. The broad retailer rules also cover manufacturers, wholesalers, food businesses, and those advertising that they handle phenibut products. Maryland's Health Department must adopt implementing rules and, with the Maryland Hospital Association, report observed adverse health events after phenibut use to the General Assembly by December 31, 2026.

Phenibut sales and advertising face limits

Beginning October 1, 2025, Maryland retailers cannot distribute, sell, or offer phenibut products to anyone under 21. Violations are misdemeanors carrying up to $5,000 in fines, 90 days in jail, or both, plus resulting consumer damages. Retailers also cannot directly or indirectly advertise therapeutic benefits or market phenibut products to minors. Banned marketing includes cartoons, superheroes, video game references, youth-focused food images, imitated trademarks, and symbols or celebrities associated with minors. It also includes images of people who appear under 27. Advertising is banned in publications or at public events where reliable surveys show at least 15% of the audience is under 21. Outdoor billboards and sign boards within 500 feet of a school are also prohibited.

Sponsors & Cosponsors

Sponsor

  • Harry Bhandari

    Democratic • House

Cosponsors

  • Tiffany T. Alston

    Democratic • House

  • Heather Bagnall

    Democratic • House

  • Brian Chisholm

    Republican • House

  • Bonnie Cullison

    Democratic • House

  • Pam Lanman Guzzone

    Democratic • House

  • Terri L. Hill

    Democratic • House

  • Thomas S. Hutchinson

    Republican • House

  • Anne R. Kaiser

    Democratic • House

  • Kenneth Kerr

    Democratic • House

  • Nicholaus R. Kipke

    Republican • House

  • Lesley J. Lopez

    Democratic • House

  • Matthew Morgan

    Republican • House

  • Ashanti Martinez

    Democratic • House

  • Joseline A. Peña-Melnyk

    Democratic • House

  • Teresa E. Reilly

    Republican • House

  • Samuel I. Rosenberg

    Democratic • House

  • Kim Ross

    Democratic • House

  • Steve Johnson

    Democratic • House

  • Kathy Szeliga

    Republican • House

  • Deni Taveras

    Democratic • House

  • Jennifer White Holland

    Democratic • House

  • Jamila J. Woods

    Democratic • House

  • Teresa Woorman

    Democratic • House

Roll Call Votes

All Roll Calls

Yes: 185 • No: 0

Senate vote • 4/7/2025

Third Reading Passed

Yes: 47 • No: 0

House vote • 3/11/2025

Third Reading Passed

Yes: 138 • No: 0 • Other: 1

Actions Timeline

  1. Approved by the Governor - Chapter 704

    5/20/2025
  2. Returned Passed

    4/7/2025House
  3. Third Reading Passed (47-0)

    4/7/2025Senate
  4. Second Reading Passed

    4/4/2025Senate
  5. Favorable Adopted

    4/4/2025Senate
  6. Favorable Report by Finance

    4/4/2025Senate
  7. Hearing 3/27 at 1:00 p.m.

    3/20/2025Senate
  8. Referred Finance

    3/12/2025Senate
  9. Third Reading Passed (138-0)

    3/11/2025House
  10. Second Reading Passed with Amendments

    3/11/2025House
  11. Favorable with Amendments {463529/1 Adopted

    3/11/2025House
  12. Favorable with Amendments Report by Health and Government Operations

    3/10/2025House
  13. Hearing 2/19 at 1:00 p.m.

    2/4/2025House
  14. First Reading Health and Government Operations

    1/31/2025House

Bill Text

  • Enacted

    5/20/2025

  • Third Reading

    3/11/2025

  • First Reading

    1/31/2025

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