Is Kratom Legal In Maryland?

In Maryland’s vibrant landscape, from the bustling streets of Baltimore to the serene shores of the Chesapeake Bay, Many are still wondering whether or not Kratom is allowed in this state. This leafy substance, known for its benefits and diverse uses, is still central to a never-ending debate over legality and regulation in Maryland and other US states.

Unlike other states embroiled in how to classify and control Kratom, Maryland offers a unique approach compared to other nearby states. The balance between consumer freedom and safety is navigated with particular care. In this guide, we will explore the nuances of Kratom’s legal status within Maryland; it includes highlighting the state’s current stance and the regulatory framework—or the notable absence of one.

Kratom’s Past Legal History in Maryland

An Attempt to Make Kratom Illegal in 2020

The very first attempt to make Kratom illegal was on January 20, 2020, when House Bill 283 (HB 283) was introduced in the Maryland General Assembly. Delegates Kerr, Pippy, Cox, Johnson, Krimm, Palakovich Carr, and K. Young sponsored the legislation. The initiative’s objective was to examine and to fully understand the legal status of Kratom.

The primary goal of HB 283 was to classify mitragynine and 7-hydroxymitragynine and also to determine the active components of Kratom as Schedule I controlled dangerous substances. This classification was intended to prohibit the use, possession, or distribution of Kratom at the most severe criminal penalties within the state.

The bill demonstrated a minor political bias, as most of its sponsors identified as Democrats. A hearing was scheduled for February 4, 2020, at 1:00 p.m. Nevertheless, House Bill 283 failed to progress regardless of the preliminary legislative activity.

The attempt to modify the Maryland Criminal Law and the Annotated Code of Maryland was directed towards the amendment of Article 5–402(e) of the Criminal Law. The main objective of the proposal was to establish regulations for dangerous substances, with a specific emphasis on those associated with Kratom. As proposed by House Bill 283, prospective changes to the legal status of Kratom in Maryland were fortunately thwarted by the bill’s failure to pass in committee.

An Attempt to Regulate Kratom in Maryland in 2020

Aside from HB 283, there was also an attempt to regulate kratom in Maryland within the same year. On January 10, 2020, Senator Young introduced the Senate Bill 147 (SB 147). This bill targeted the regulation of Kratom sales in Maryland, focusing on prohibiting sales to individuals under 18 years old.

The bill’s primary purpose was to prohibit the purchase, distribution, and purchase of Kratom by young people. Parties found guilty of violating this regulation were subject to a civil penalty, with fines increasing in severity with subsequent offenses. Retailers of kratom would have had to bear liability for penalties imposed on their employees for any violations they may commit.

Although HB 283 showed very significant progress in the legislative process, SB 147 did not come to fruition. A critical hearing was canceled on March 14, 2020, leading to the bill’s eventual demise in committee.

Predicting Kratom’s Legal Future in Maryland

Kratom’s Future in Maryland: What to Expect

Given current trends and advocacy efforts, it is more probable that Maryland will regulate Kratom than outright ban it.

1. More states are regulating, not banning: 11 states have passed regulatory laws to regulate Kratom instead of making it illegal. This shows a preference for control and restrictions over outright bans of kratom and/or its primary alkaloids.
2. People are speaking up: Whenever there was a talk or discussion about Kratom, many have successfully fought against it, even when facing federal challenges to the proposed banning of kratom in 2016. This clearly shows that public opinion, lobbying, and activism can influence legislative decisions and outcomes.

Bottom Line for Maryland

With the highest trend of regulation and strong advocacy, Maryland might still follow suit by putting rules in place to ensure kratom is regulated rather than banning it altogether. Many Kratom enthusiasts’ advocacy will likely continue to play an important role in what happens next.

The American Kratom Association’s Role in Maryland

Many of you may already know the role of the American Kratom Association (AKA) in lobbying for kratom and protecting access to US consumers. This group also plays a crucial role in advocating for Kratom regulation, not only in Maryland but also in all parts of the US. Their main goal is to focus on ensuring access to Kratom products through regulation rather than banning them.

Key Efforts by the AKA:

• State and Federal Lobbying: The AKA is very organized and forthright when it comes to educating legislators about the benefits of Kratom and advocating for favorable legislation.
• Kratom Consumer Protection Acts: The AKA advocates for legislation that requires lab-tested, GMP-quality Kratom products with clear labeling and age restrictions.

Impact on Maryland:

The American Kratom Association has been successfully helping other states to stop proposed bans and promote Kratom Consumer Protection Acts. Still, in Maryland, the AKA’s current advocacy campaign aims to regulate Kratom with a focus on consumer safety. Their push for the Kratom Consumer Protection Act seeks to create a legal framework that both protects consumers and maintains access to Kratom, which means this is also reflecting a broader trend towards regulation over prohibition.

States that Have Passed the KCPA

The Federal Kratom Consumer Protection Act

One of the acts that might also help Kratom to be fully regulated through Maryland is the Federal Kratom Consumer Protection Act. It was first proposed by Senator Mike Lee [R-UT] on October 4, 2023. The main target of this bill is to establish fair regulations for Kratom. It mandates the FDA to assess Kratom’s safety, ensuring it’s regulated no more strictly than food and dietary supplements.

If the Federal Kratom Consumer Protection Act passes, it could influence how states like Maryland regulate Kratom in the future. While individual states have the authority to set their own rules regarding kratom, federal guidelines often inspire state-level policies. Maryland could adopt similar balanced measures, ensuring safer access to Kratom for consumers.

Final Thoughts on Kratom Legality in Maryland

Kratom’s future in Maryland could go several ways: statewide regulation, statewide bans or local bans by counties or cities. While statewide laws may aim for regulated and accessible Kratom, local areas in Maryland, like in some cities and counties in Florida and Colorado, could choose to ban it even if kratom remains legal within the state. Staying informed about your local jurisdiction’s laws on Kratom is essential, as regulations can vary widely. Keeping up-to-date ensures you know where and how Kratom stands in the legal sense within your area.

CONTENT DISCLAIMER: The content on this page is strictly for entertainment purposes only. The content below has not been medically reviewed and is not intended to offer advice for use or intended use. For more information about kratom and its potential dangers, please visit the fda.gov site.