Kava - Worldwide Legal Status
Australia
Kava is legal to possess & sell in Australia, but it is illegal to import into Australia without a license, since it’s listed as a “Schedule IV” in the AU Import Regulations which outline all of the import laws. Below is a comment about Australian Kava Law, by Torsten of Shaman Australis, from October of 2001, in which he clarifies what the law is:
“It was once given to Aborigines to help get them off alcohol. Some liked it a little too much and started getting health problems from it, so it was scheduled as a drug. We don’t have different levels of scheduling like the US, but we have provisions for licenses for any drug. It is very easy to get a kava license. The government just wants to be able to track volumes and trading sources. It is completely illegal in one state. Due to our multicultural make-up there are special provisions that you are allowed to carry 3 months supply on your person into the country. It is also freely available in Islander and Fiji shops. No problem getting it really, it’s just the wholesale is a bit dodgy.”
Britain/United Kingdom/U.K.
Britain has banned the sale of medicines that contain kava extracts, but the importation of it by individuals as an herbal supplement is still reportedly legal or at least accepted. So, it seems that at least plain root powder is still legal for sale, but it’s unclear what the actual law is in relation to this. See: Reuters, Dec 2002.
It also appears that kava is banned for import or sale for the purpose of ingestion (internal use): Statutory Instrument 2002 No.3170 : The Medicines for Human Use (Kava-kava) (prohibition) Order 2002 :The Stationery Office Ltd , UK Government E1856 12/02. Kava Ban Update
Canada
Health Canada, issued a stop order forbidding kava products sold for human consumption in Canada in August, 2002, but Kona Kava Farm has received EXPLICIT PERMISSION from Health Canada to export Kava Kava to Canada, as long as it’s to individuals who are using it for personal consumption, and NOT to any businesses. This is VERY exciting news for us, and as long as you’re not a business, we are happy to send our entire line of products to our friends in chilly Canada from sunny Hawaii!
As of this ruling, all products containing kava including drinks, supplements, etc have been banned by Health Canada, but there is no specific law outlawing Kava herbal supplements in Canada. More in our “KAVA (NOT) BANNED IN CANADA” article.
Also, in January of 2004, new natural health product regulations come into effect under the auspices of the Natural Health Products Directorate of Health Canada. Kava could then return to the market, provided the safety concerns can be mitigated through appropriate use of warning labels or other measures.
We’ve sold plain kava root to customers in Canada and have rarely had problems. Soon, we will post our entire series of letters back and forth, ensuring that we do indeed have persmission to offer our entire line of Kava products to our neighbors to the North.
Europe
Kava is widely available in Europe but some countries regulate its sale. We don’t have a specific list, though, and have never had a problem shipping Kava to anywhere in Europe.
France
Kava supplements and products have reportedly been banned for sale, but we cannot find any supporting proof or evidence in relation to this, and have never had a problem shipping Kava to France. Reportedly, Piper methysticum is still available from herbalists, which is exactly the same thing as Kava.
Germany
Germany is where the original Kava ban that sparked worldwide banning of Kava originated. A study came out that associated kava root powder with liver damage, but the findings were falsely presented. Some feel that pharmaceutical companies were behind the study in an effort to gain back the sales of Prozac, due to a higher and higher incidence of doctors prescribing Kava for anxiety instead of Prozac.
After it was discovered that the findings were false, that liver toxicity happens from Kava only when the widely-known poisonous leaves are used instead of the extremely safe roots, Germany moved to lift its ban.
The ban was finally lifted in mid-2007, and we’ve been shipping a LARGE amount of Kava orders to Germany without any trouble since then.
New Zealand
Kava-containing supplements sold throughout New Zealand, and we have also shipped to New Zealand without a single order being sent back to us. We’re still waiting for more information.
Norway
Kava supplements and products are not specifically controlled in Norway, but we have been told that the national health council considers it a prescription drug (available only from a pharmacy) based on it’s use as a psychoactive drug. This is yet another case where the legal status of Kava is unclear, and sometimes when we ship Kava to Norway (and Finland) it gets stopped, and other times it gets through without any problems.
Sweden
We have received conflicting reports about whether kava is available in Sweden. Some say that kava supplements and products banned for sale, while others say it is commonly available.
Switzerland
Kava is legal in Switzerland, but a pharmaceutical product called “Laitan”, which is a Kavalactone product that is sold in pharmacies across Europe, has been banned for sale in Switzerland.
