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MarylandSB 08202026 Regular SessionSenate

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

Sponsored By: Antonio Hayes (Democratic)

Signed by Governor

Public HealthAlcoholic Beverages - Statewide BillsAdvertisingAlcoholic Beverages -see also- AB-By SubdivisionAlcoholic Beverages - By SubdivisionCannabis 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 SentencesForfeitureHealth, Department ofIndustry and ManufacturingLabelingLiabilityLicenses -see also- AB Lic; Certifications; DrLic; PermitsNoticesPenalties and Sentences -see also- Death PenaltyRetail SalesRules and RegulationsSearch and SeizureSigns and BillboardsTobacco and Nicotine -see also- Cigarettes; Smk&VapWeights and MeasuresYouth (10-21) -see also- Minors

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 0 benefits, 1 costs, 2 mixed.

Retailers face product bans and penalties

Beginning July 1, 2026, Maryland retailers cannot distribute, sell, display, or advertise tianeptine, noncompliant kratom or phenibut, or designated harmful consumables. Violations carry misdemeanor fines up to $5,000, possible license loss, liability for individual damages, and court-ordered product disposal or destruction. State enforcement officers can issue citations or charging documents for covered violations. In covered prosecutions, displaying or offering products—or running a business that displays, advertises, or offers them—counts as initial evidence of sale. The good-faith defense for kratom or phenibut violations is limited to reliance on the manufacturer's product label, not other supplier statements.

Unsafe products face seizure and forfeiture

Beginning July 1, 2026, Maryland's commission can seize, confiscate, or destroy covered products, removing them from consumer sale. Seizure grounds include prohibited ingredients, unlawful kratom labels or ads, and 7-hydroxymitragynine above 1 milligram per serving or applicable limits. For kratom, those limits include a 2% ceiling on its share of total alkaloids. Seized products are presumed illegal and forfeitable unless the possessor proves applicable kratom compliance or Maryland health department or FDA authorization for human use. Vehicles, vessels, or aircraft used in violations also face forfeiture unless a protest is filed within 30 days.

Youth ad protections tighten retailer limits

Beginning July 1, 2026, Maryland expands youth-focused advertising limits for kratom and phenibut. Banned features include child-focused images, neon colors, animals, mascots, and package designs that mislead consumers about the contents. Ads on buildings or at other publicly visible locations are banned, replacing the former 500-foot school restriction. Ads in publications or at public events remain prohibited when at least 15% of the audience is under 21.

Sponsors & Cosponsors

Sponsor

  • Antonio Hayes

    Democratic • Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 223 • No: 2

House vote • 4/13/2026

Third Reading Passed

Yes: 134 • No: 2 • Other: 4

Senate vote • 4/13/2026

Third Reading Passed

Yes: 44 • No: 0 • Other: 3

Senate vote • 3/19/2026

Third Reading Passed

Yes: 45 • No: 0

Actions Timeline

  1. Approved by the Governor - Chapter 355

    5/12/2026

  2. Passed Enrolled

    4/13/2026Senate

  3. Third Reading Passed (44-0)

    4/13/2026Senate

  4. Senate Concurs House Amendments

    4/13/2026Senate

  5. Third Reading Passed (134-2)

    4/13/2026House

  6. Second Reading Passed with Amendments

    4/9/2026House

  7. Favorable with Amendments {103929/1 Adopted

    4/9/2026House

  8. Favorable with Amendments Report by Health

    4/9/2026House

  9. Hearing 3/31 at 1:00 p.m. (Health)

    3/24/2026House

  10. Referred Health Judiciary

    3/20/2026House

  11. Third Reading Passed (45-0)

    3/19/2026Senate

  12. Second Reading Passed with Amendments

    3/17/2026Senate

  13. Floor Amendment {603722/1 (Senator Hayes) Adopted

    3/17/2026Senate

  14. Favorable with Amendments {183025/1 Adopted

    3/17/2026Senate

  15. Favorable with Amendments Report by Finance

    3/16/2026Senate

  16. Hearing 3/05 at 1:00 p.m.

    2/24/2026Senate

  17. Hearing canceled

    2/24/2026Senate

  18. Hearing 2/26 at 1:00 p.m.

    2/11/2026Senate

  19. First Reading Finance

    2/6/2026Senate

Bill Text

  • Enacted

    5/12/2026

    PDF

  • Enrolled

    4/13/2026

    PDF

  • Third Reading

    3/17/2026

    PDF

  • First Reading

    2/6/2026

    PDF

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