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MarylandHB 15232026 Regular SessionHouse

Alcohol, Tobacco, and Cannabis Commission - Unauthorized Consumable Products - Enforcement and Seizure

Sponsored By: Kim Ross (Democratic)

Signed by Governor

Public HealthAlcoholic Beverages - Statewide BillsAdvertisingAlcoholic Beverages -see also- AB-By SubdivisionCampsCannabis DistributionCannabis -see also- CannDist; CannProd; Smok&VapChildren (4-12)Civil Actions -see also- Small ClaimsCommittees and CommissionsControlled Dangerous Substances -see also- Drugs; OpioidsCrimes and Punishments -see also- Penalties and Sentnc; etc.DamagesDistrict CourtsEvidenceFines -see also- Penalties and SentencesFood -see also- Meat, Poultry, & Seafood; Milk; etc.ForfeitureHealth, Department ofHotels and MotelsLabelingLiabilityLicenses -see also- AB Lic; Certifications; DrLic; PermitsNoticesRestaurantsRetail SalesRules and RegulationsSearch and SeizureService StationsSigns and BillboardsTimeTobacco and Nicotine -see also- Cigarettes; Smk&VapWeights and MeasuresWholesale DistributionYouth (10-21) -see also- Minors

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 0 benefits, 3 costs, 1 mixed.

Retailer ban, fines, and license loss

Beginning July 1, 2026, retailers may not sell, offer, or advertise unauthorized consumable products, such as certain kratom, tianeptine, or phenibut items. A retailer who violates this rule commits a misdemeanor and can be fined up to $5,000 per conviction. The District Court can also suspend or revoke business licenses and order seized products destroyed. Retailers who violate the law are liable for civil damages to people harmed by the violation.

Seizure and forfeiture of banned products

Beginning July 1, 2026, the Commission’s Executive Director can seize, confiscate, or destroy unauthorized or mislabeled consumable products, including items claiming banned contents or limits. Any seized product is presumed contraband and may be forfeited unless the owner shows it is compliant or authorized by the Maryland Health Department or the FDA. Unauthorized consumable products are expressly added to items that can be seized and forfeited.

Stricter ads and labels for kratom, phenibut

Beginning July 1, 2026, kratom and phenibut ads cannot claim health cures or target minors. Child‑oriented images, mascots, and designs that could mislead about contents are banned. Ads cannot run where at least 15% of the audience is under 21 or on outdoor spots near schools, including building sides. Makers and sellers must follow stricter labeling and marketing rules or face penalties.

Stronger enforcement tools for the Commission

Beginning July 1, 2026, the Commission’s Field Enforcement Division can issue citations under listed criminal and health laws tied to these products. In prosecutions, proof that a seller displayed or offered these products counts as evidence of sale. The Health Department must tell the Commission within 30 days when a product’s approval status changes. These tools speed enforcement and coordination.

Sponsors & Cosponsors

Sponsor

  • Kim Ross

    Democratic • House

Cosponsors

  • Tiffany T. Alston

    Democratic • House

  • Heather Bagnall

    Democratic • House

  • Bonnie Cullison

    Democratic • House

  • Pam Lanman Guzzone

    Democratic • House

  • Terri L. Hill

    Democratic • House

  • Thomas S. Hutchinson

    Republican • House

  • Aaron M. Kaufman

    Democratic • House

  • Nicholaus R. Kipke

    Republican • House

  • Lesley J. Lopez

    Democratic • House

  • Matthew Morgan

    Republican • House

  • Ashanti Martinez

    Democratic • House

  • Teresa E. Reilly

    Republican • House

  • Samuel I. Rosenberg

    Democratic • House

  • Steve Johnson

    Democratic • House

  • Kathy Szeliga

    Republican • House

  • Deni Taveras

    Democratic • House

  • Jennifer White Holland

    Democratic • House

  • Teresa Woorman

    Democratic • House

Roll Call Votes

All Roll Calls

Yes: 294 • No: 9

House vote • 4/13/2026

Third Reading Passed

Yes: 119 • No: 7 • Other: 14

Senate vote • 4/9/2026

Third Reading Passed

Yes: 41 • No: 0 • Other: 2

House vote • 3/23/2026

Third Reading Passed

Yes: 134 • No: 2 • Other: 2

Actions Timeline

  1. Approved by the Governor - Chapter 354

    5/12/2026

  2. Passed Enrolled

    4/13/2026House

  3. Third Reading Passed (119-7)

    4/13/2026House

  4. House Concurs Senate Amendments

    4/13/2026House

  5. Third Reading Passed (41-0)

    4/9/2026Senate

  6. Second Reading Passed with Amendments

    4/9/2026Senate

  7. Favorable with Amendments {243729/1 Adopted

    4/9/2026Senate

  8. Favorable with Amendments Report by Finance

    4/9/2026Senate

  9. Referred Finance

    3/23/2026Senate

  10. Third Reading Passed (134-2)

    3/23/2026House

  11. Second Reading Passed with Amendments

    3/21/2026House

  12. Favorable with Amendments {913926/1 Adopted

    3/21/2026House

  13. Favorable with Amendments Report by Health

    3/21/2026House

  14. Hearing 3/03 at 1:00 p.m. (Health)

    2/13/2026House

  15. First Reading Health and Judiciary

    2/13/2026House

Bill Text

  • Enacted

    5/12/2026

    PDF

  • Enrolled

    4/13/2026

    PDF

  • Third Reading

    3/21/2026

    PDF

  • First Reading

    2/13/2026

    PDF

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