Is Kratom Legal in Maryland? Age 21 and 7-OH Cap (2026 Law)

Kratom is not listed in Maryland's criminal drug schedules, but its sale is regulated. Health-General 21-2E-02 bars retailers from selling kratom products to anyone under 21 and from selling products with 7-hydroxymitragynine (7-OH) above 2% of the alkaloid composition, on pain of a misdemeanor, and since July 1, 2026 Chapters 354 and 355 of 2026 have added a state enforcement layer run by the Alcohol, Tobacco, and Cannabis Commission. For other states, see our guide to kratom laws by state.

Information last verified on 2026-10-11. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Maryland state law on kratom: Health-General Title 21, Subtitle 2E (21-2E-01 to 21-2E-03), the 2026 amendments in Chapters 354 and 355 of 2026, Maryland's controlled dangerous substance schedules and penalties (Criminal Law 5-101, 5-202, 5-402, 5-601, 5-602, 5-607, 5-608) and the drugged-driving statute (Transportation 21-902), with one paragraph on federal law. It does not cover county or city rules, employer or school policies, federal property or other states' laws.

Is kratom legal in Maryland?

Maryland treats kratom as a regulated retail product, not a scheduled drug. The General Assembly enacted the kratom subtitle in Chapter 748 of 2024 (House Bill 1229), approved May 16, 2024 and effective October 1, 2024. It now sits in Health-General Title 21, Subtitle 2E.

The subtitle defines a kratom product by the plant it comes from:

"Kratom product" means a product marketed for human consumption containing any part of the leaf of the plant Mitragyna speciosa.

Its rules bind a "retailer," which Health-General 21-2E-01(c) defines as a person that sells, prepares, or maintains kratom products, or advertises or holds itself out as doing so. The definition "includes a manufacturer, wholesaler, store, restaurant, hotel, catering facility, camp, bakery, delicatessen, supermarket, grocery store, convenience store, gas station, or food or drink company."

The criminal drug schedules work differently. Since Chapter 286 of 2022 (effective June 1, 2022), Criminal Law 5-402 to 5-406 no longer list substances by name. Under 5-402(a), Schedule I consists of each:

(1) controlled dangerous substance analogue, as defined in subsection (b) of this section; (2) controlled dangerous substance added to Schedule I by the Department under § 5-202(b) of this title; and (3) controlled dangerous substance designated as a Schedule I controlled dangerous substance by the federal government unless the Department objects under § 5-202(f) of this title.

Neither Maryland's statutory schedules nor the federal schedules list kratom leaf, mitragynine or 7-OH. The Department of Health must update and republish its schedule each year under Criminal Law 5-202(g), and that schedule is where any substance the Department adds on its own would appear.

What Maryland's kratom law prohibits

Health-General 21-2E-02 lists the kratom products a retailer may not prepare, distribute, sell or expose for sale. Subsection (b)(1) includes:

(iii) A kratom product containing a level of 7-hydroxymitragynine in the alkaloid fraction that is greater than 2% of the alkaloid composition of the product; (iv) A kratom product containing a synthetic alkaloid, including synthetic mitragynine, synthetic 7-hydroxymitragynine, or any other synthetically derived compound of the kratom plant; or (v) A product containing kratom that does not include on its package or label the amount of mitragynine and 7-hydroxymitragynine contained in the product.

Two more rules sit in subsection (a). A retailer that makes a representation about a kratom product must disclose on the label the factual basis for it, and under (a)(2) a retailer may not prepare, distribute, sell, or expose for sale a kratom product that:

(i) Does not comply with the disclosure requirement established under paragraph (1) of this subsection; or (ii) Has not been recognized as a dietary ingredient or approved drug by the U.S. Food and Drug Administration.

Read by its words, item (ii) reaches any kratom product the FDA has not recognized as a dietary ingredient or approved as a drug, and the FDA's position is that kratom is not lawfully marketed as a dietary supplement or drug (see Federal kratom law below). The ATCC's guidance to sellers treats kratom products that meet the potency and labeling rules as saleable. No Maryland court has ruled on how subsection (a)(2)(ii) applies.

The advertising rules are in Health-General 21-2E-03. A retailer "may not directly or indirectly advertise a therapeutic benefit of kratom," and "may not directly or indirectly advertise or market kratom products to minors." Since July 1, 2026, the section also counts two more things as marketing to minors: features popularly used to advertise to children, including neon colors, animals and mascots (21-2E-03(c)(8)), and an advertisement for kratom "on the side of a building or another publicly visible location of any form," including a sign, poster or billboard (21-2E-03(d)(3)).

Chapters 354 and 355 of 2026 kept the subsection letters of 21-2E-02 but narrowed the defense in subsection (d). Since July 1, 2026, "it is a rebuttable defense that the defendant relied in good faith on the representations on the manufacturer's label on a kratom product."

Is there an age limit for kratom in Maryland?

Yes, for sales. Health-General 21-2E-02(c) provides that "A retailer may not distribute, sell, or expose for sale a kratom product to an individual under the age of 21 years." The rule is aimed at the seller. Subtitle 2E contains no offense for a person under 21 who buys or holds a kratom product.

Is 7-OH illegal in Maryland?

Maryland caps 7-OH in kratom products, and no Maryland or federal schedule lists 7-OH by name. Maryland's Schedule I also covers analogues, substances intended for human consumption whose structure and effect are substantially similar to a Schedule I or II substance (Criminal Law 5-402(b)); whether that clause could reach 7-OH is an open question no Maryland court has decided. A retailer may not sell a kratom product whose 7-OH level in the alkaloid fraction is greater than 2% of the product's alkaloid composition, or one that contains synthetic 7-OH or any other synthetically derived compound of the kratom plant (21-2E-02(b)(1)(iii)-(iv)).

Chapters 354 and 355 of 2026 add a second figure, in the ATCC's seizure power rather than in the sales ban. New Alcoholic Beverages and Cannabis 1-323(c)(2) lets the ATCC's Executive Director seize, confiscate or destroy a product that is "labeled, advertised, represented, or offered for sale as containing" 7-OH in an amount that, for a kratom product, is greater than the 2% limit in 21-2E-02, or that "is greater than 1 milligram per serving" (1-323(c)(2)(i)2). The figure turns on how the product is labeled, advertised, represented or offered, and it creates a rebuttable presumption: under 1-323(d), a seized product "is presumed to be contraband and subject to summary forfeiture" unless the person it was seized from shows the product complies with Subtitle 2E or is authorized for sale by the Maryland Department of Health or the FDA.

The ATCC summarizes these rules for sellers in its advisory "Know the Rules: Selling Kratom, Phenibut, or Tianeptine Products" (revised July 31, 2026).

Penalties for violating Maryland's kratom rules

The misdemeanor in 21-2E-02 reads: "A retailer that violates subsection (a)(2), (b), or (c) of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $5,000, imprisonment for not more than 90 days, or both." The section also makes a retailer that violates it "liable for any civil damages sustained by the individual resulting from the violation," in addition to the other penalties.

A misdemeanor conviction creates a criminal record. See our guide to Maryland expungement laws for how records are handled.

Maryland's 2026 kratom changes

Chapter 354 (House Bill 1523) and Chapter 355 (Senate Bill 820) of 2026 were approved by the Governor on May 12, 2026 and took effect July 1, 2026. They do four things for kratom.

A new offense for sellers. Chapter 354 adds a section to the Alcoholic Beverages and Cannabis Article that applies to an "unauthorized consumable product," a term the act defines to include a noncompliant kratom product. It provides:

(B) A RETAILER MAY NOT DISTRIBUTE, SELL, EXPOSE FOR SALE, OR ADVERTISE FOR SALE AN UNAUTHORIZED CONSUMABLE PRODUCT. ... (E) A RETAILER THAT VIOLATES SUBSECTION (B) OF THIS SECTION IS GUILTY OF A MISDEMEANOR AND ON CONVICTION IS SUBJECT TO A FINE NOT EXCEEDING $5,000.

Seizure. The act lets the ATCC's Executive Director seize, confiscate or destroy unauthorized consumable products and products labeled, advertised, represented or offered for sale as containing 7-OH above the limits in 1-323(c)(2), described above. A seized product is presumed to be contraband unless the seller shows it complies with Subtitle 2E or is authorized by the Department of Health or the FDA (1-323(d)).

Citations and licenses. ATCC field enforcement officers may issue a citation or other charging document for a violation of Health-General Title 21, Subtitle 2E (Alcoholic Beverages and Cannabis 1-313(b)(2)(iii)). For a violation of 1-323, the District Court may also order a license issued under the Alcoholic Beverages and Cannabis Article, or under Title 16, 16.5, 16.7 or 17 of the Business Regulation Article, suspended or revoked (1-323(f)).

Advertising penalty. Chapter 354 adds a penalty subsection to the advertising section, 21-2E-03: "A retailer that violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $5,000, imprisonment for not more than 90 days, or both."

Does federal scheduling change Maryland law?

It can, without any new Maryland act. Criminal Law 5-202(f)(1) provides that "A new substance that is designated as a controlled substance under federal law is a similarly controlled dangerous substance under this title unless the Department objects to the inclusion." Schedule I includes federal Schedule I designations on the same terms (5-402(a)(3)).

The DEA's temporary order effective August 26, 2026 placed three semi-synthetic 7-OH-related compounds in federal Schedule I: mitragynine pseudoindoxyl, MGM-15 and MGM-16. Under 5-402(a)(3), those compounds are Schedule I in Maryland as well unless the Department of Health objects. The order does not list kratom leaf, mitragynine or 7-OH, so it does not schedule them.

For the three compounds, Maryland's general drug penalties apply. Possession without a valid prescription is a misdemeanor under Criminal Law 5-601(c), punishable by up to 1 year in prison or a fine of up to $5,000, or both, for a first conviction, with longer maximums for later convictions. Distribution or possession with intent to distribute (5-602) is a felony under 5-607(a)(1):

Except as provided in paragraph (2) of this subsection and §§ 5-608 and 5-609 of this subtitle, a person who violates a provision of §§ 5-602 through 5-606 of this subtitle is guilty of a felony and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $15,000 or both.

Section 5-608 sets a higher maximum of 20 years for violations involving a Schedule I or Schedule II narcotic drug. Maryland's definition of a narcotic drug covers an opiate, meaning a substance with "an addiction-forming or addiction-sustaining quality similar to morphine," that has been found to present an extreme danger to the community (5-101(r), (t)). Whether any of the three compounds is a narcotic drug under that definition is an open question that no Maryland court has decided.

Maryland's school-zone (5-627) and repeat-offender (5-905) provisions can raise those penalties. Kratom leaf and 7-OH are not listed in any schedule. Maryland's Schedule I also covers analogues: substances intended for human consumption whose chemical structure is substantially similar to that of a Schedule I or II substance and whose effect on the central nervous system is substantially similar to or greater than that substance's effect (5-402(b)). Whether that clause could reach 7-OH is an open question that no Maryland court has tested.

Federal kratom law

Kratom leaf, mitragynine and 7-OH are not listed in the federal schedules in the October 6, 2026 version of 21 CFR 1308.11. The DEA's temporary order placed mitragynine pseudoindoxyl, MGM-15 and MGM-16 in federal Schedule I effective August 26, 2026 (91 FR 54948). The DEA filed a new notice of intent (FR Doc. 2026-20943, filed for public inspection October 9, 2026 and scheduled for publication October 14, 2026) to temporarily place 7-OH and mitragynine pseudoindoxyl in Schedule I when either one, or both combined, is above a threshold: more than 1 mg per gram in solid forms or more than 1 mg per milliliter in liquids, or a ratio of mitragynine to those compounds of less than 100. That notice states that the DEA's July 2026 notice of intent to temporarily schedule 7-OH above a threshold (91 FR 40917) is being withdrawn in a separate document. A second DEA notice of intent filed the same day (FR Doc. 2026-20942) proposes a new temporary order that would keep MGM-15 and MGM-16 in Schedule I "without change," to distinguish them from mitragynine pseudoindoxyl. Neither notice is an order, and the DEA says neither new temporary order will be issued before 30 days after publication, about November 13, 2026. The August 26, 2026 order stays in effect until it expires or is replaced by the new temporary orders, whichever comes first. The FDA's position is that kratom is not lawfully marketed in the U.S. as a drug product, a dietary supplement or a food additive in conventional food, and the FDA has warned consumers not to use kratom because of the risk of serious adverse events. Our kratom laws by state hub covers the federal layer in more detail.

Driving

Transportation 21-902(c)(1)(i) provides that "A person may not drive or attempt to drive any vehicle while so far impaired by any drug, any combination of drugs, or a combination of one or more drugs and alcohol that the person cannot drive a vehicle safely." The clause reaches any drug. See our guide to Maryland DUI laws.

Related

• Kratom laws by state
• Maryland DUI laws
• Maryland expungement laws
• Maryland psilocybin mushroom laws

This article provides general legal information about Maryland state law as of October 11, 2026. It is not legal advice. Chapters 354 and 355 of 2026 rewrote parts of the kratom statute, and the Department of Health can change the drug schedules. For advice about a specific situation, contact a lawyer licensed in Maryland or the Maryland Alcohol, Tobacco, and Cannabis Commission.

Last updated: 2026-10-11.

Frequently Asked Questions

Is kratom legal in Maryland?

Kratom is not listed in Maryland's criminal drug schedules. Its sale is regulated by Health-General 21-2E-02, which bars retailers from selling kratom products to anyone under 21, selling products with 7-OH above 2% of the alkaloid composition, and selling products without a label stating the mitragynine and 7-OH content.

What is the age limit for kratom in Maryland?

21. Under Health-General 21-2E-02, a retailer may not distribute, sell, or expose for sale a kratom product to an individual under the age of 21 years. A violation is a misdemeanor with a fine of up to $5,000, up to 90 days in jail, or both.

Is 7-OH legal in Maryland?

Maryland caps 7-OH in kratom products, and no Maryland schedule lists 7-OH by name, though no Maryland court has decided whether the analogue clause in Criminal Law 5-402(b) could reach it. A retailer may not sell a kratom product whose 7-hydroxymitragynine is greater than 2% of the alkaloid composition, or one containing synthetic 7-OH. Under Chapters 354 and 355 of 2026, the ATCC may also seize a product labeled or offered as containing 7-OH above the 2% limit or above the separate figure in Alcoholic Beverages and Cannabis 1-323(c)(2); a seized product is presumed to be contraband unless the seller shows it complies.

Is it a crime to possess kratom in Maryland?

Maryland's kratom statute, Health-General Title 21, Subtitle 2E, regulates retailers and contains no possession offense for buyers, and the criminal drug schedules have no kratom entry. Three semi-synthetic compounds in federal Schedule I since August 26, 2026 are a separate matter under Criminal Law 5-402(a)(3).

What changed for kratom in Maryland on July 1, 2026?

Chapters 354 and 355 of 2026 took effect. They bar retailers from selling or advertising an unauthorized consumable product, which includes noncompliant kratom, make that a misdemeanor with a fine of up to $5,000, add a misdemeanor penalty to the kratom advertising rules, and let the ATCC seize noncompliant products.

Who enforces Maryland's kratom rules?

Since July 1, 2026, the Alcohol, Tobacco, and Cannabis Commission enforces the unauthorized consumable product rules added by Chapter 354 of 2026, and its field enforcement officers may issue a citation or other charging document for a violation of the kratom subtitle, Health-General Title 21, Subtitle 2E (Alcoholic Beverages and Cannabis 1-313). Violations of the kratom sales rules in Health-General 21-2E-02 are misdemeanors prosecuted in the courts. For a violation of the unauthorized consumable product section, the District Court may also order a retailer's State or local licenses suspended or revoked (1-323(f)).