Is Kratom Legal in Maryland? [2023 Update]

As of 2023, kratom is legal everywhere in Maryland! Previous efforts to make kratom illegal have failed, although the herb remains unregulated in the Old Line State. In this blog post, we will touch upon kratom’s legal history in Maryland and discuss what lies ahead for the industry.

I visit Baltimore most years and have a keen understanding of how the kratom market works in the state of Maryland. And my nerdy fascination with drug legislation makes me well-placed to write this piece. 

Kratom is legal in Maryland because it isn’t illegal! What I mean is that because the state does not schedule kratom (or its components) under the Controlled Substances Act, it is automatically permitted.

Notably, the plant is legal in every inch of Maryland. While counties, cities, towns, and parishes have gone against state law in some places, nowhere has done that in the Old Line State. This easy-to-understand legal landscape is great for consumers and retailers alike.

With no manufacturing, retail, or product regulations, Maryland’s kratom industry is still like the Wild West. We will explore the implications this has for buyers later on.

I am thrilled that kratom is legal in Maryland, but I recognize this hasn’t always been a sure thing. As in many other parts of the U.S., lawmakers in the state have explored banning kratom in previous years. And in 2020, kratom’s legal status came under serious threat in Maryland.

In January 2020, Senator Ronald Young (D) introduced a kratom prohibition bill to the Maryland Senate. MD SB147 proposed designating mitragynine and 7-hydroxymitragynine, two kratom alkaloids, as Schedule 1 controlled dangerous substances.

A bill with the same text (MD HB283) was introduced to the Maryland House of Delegates. HB283 had bipartisan support, with five Democrat and two Republican lawmakers sponsoring the bill.

Mitragynine is the most abundant kratom alkaloid, while 7-hydroxymitragynine is renowned for its high potency. Going after these compounds as opposed to the entire plant has become increasingly common in anti-kratom bills.

Making mitragynine and 7-hydroxymitragynine Schedule I substances would have grouped the alkaloids with drugs like heroin and meth. Possession of a Schedule 1 drug in Maryland carries a maximum penalty of four years in jail and a $25,000 fine!

MB SB147 / MD HB283 progressed further than some kratom prohibition bills have but ultimately died in the House Judiciary Committee. It was a satisfying outcome for kratom users and activists and the only right outcome for Maryland. They call themselves the Free State, after all!

As of January 2023, no more bills to ban kratom have been brought to the Maryland Senate or House of Delegates. I hope it stays that way. 

Maryland kratom users are rightly hesitant about the substance’s legal future in the state. Not only have legislators shown a previous desire to ban kratom, but the industry lacks the protection afforded by regulation. This leaves the plant vulnerable to future prohibition attempts.

Several states now have a Kratom Consumer Protection Act. But what is it, and could it work in Maryland?

The KCPA is supported by the American Kratom (AKA) and imposes regulations on the industry. This can include:

• Requiring independent lab testing to confirm products do not contain impurities
• Labeling requirements, such as stating the levels of mitragynine and 7-hydroxymitragynine in a product
• Restricting the sale of kratom products to people over a certain age (often 21)

It is all about making the kratom industry safer, hence why many activists support it. As time goes on and the KCPA proves successful elsewhere, I think it is something that more states will look at.

We must also consider federal law when thinking about kratom’s legal status in Maryland. For now, mitragynine, 7-hydroxymitragynine, and the kratom plant are not controlled substances at the federal level. But the DEA has tried to make kratom a Schedule I drug before.

As of 2023, a federal ban is not on the table. But this may change if more scientific evidence comes to light on the effects of kratom. Similarly, we could see a federal KCPA that leads states like Maryland to move in the same direction.

Check out this post for more information on kratom’s federal future.

Are you looking to buy kratom in Baltimore, Catonsville, Dundalk, or any other part of Maryland? The good news is nothing is stopping you! Consumers are spoiled for choice with dozens of brick-and-mortar retailers in the Old Line State.

However, there are downsides to buying kratom in person. And purchasing from gas stations, headshops, and other non-specialist stores is risky in an unregulated state. Products could be fake, labeled inaccurately, or teeming with contaminants.

Whenever you buy kratom online or offline, ensure the product has an accompanying third-party certificate of analysis. This gives you some assurance that you are getting something pure and legit.

But I find that kratom sold in brick-and-mortar stores is often considerably more expensive than what is available online. While physical shops have more running costs than online retailers, that is no excuse for charging double or triple the price.

However, there are still reasonable vendors that take product safety seriously and do not charge eye-watering prices. If you want to buy kratom in Maryland right now, I have found three stores where you can do so.

Kratom KVC Shop

1407c Sulphur Spring Rd, Baltimore, MD 21227

Kratom Vapor Shop

6929 Holabird Ave, Dundalk, MD 21222

CKS Catonsville Kratom Specialists

4 Mellor Ave, Catonsville, MD 21228

Maryland’s legal but unregulated kratom status is the most common in the U.S. It is a relief that Marylanders can still buy kratom products, but make sure you do the necessary research when you do.