Kava – Worldwide Legal Status

by Makaira on July 24, 2009

Kava - Worldwide Legal StatusFor an in-depth look at the true cause of the temporary worldwide Kava ban in the early 2000′s, refer to my eZine Articles story entitled; “What is the Legal Status of Kava?“.

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.”

Unfortunately, we often have difficulty getting our kava through to customers in Australia. If you are considering ordering kava to Australia, please be aware that there is a good chance that you will not receive your package and that you place an order at your own risk.

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.

Italy

I have been unable to find any reliable information about the legal status of kava in Italy, but I can tell you that we have had a difficult time getting kava through to customers in Italy recently. We will ship kava to Italy, but please be aware that you place orders at your own risk and that there is nothing we can do if your order is seized by customs.

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. As Kava started to hit the mainstream in the early 2000′s, there was not enough supply to fill the demand, and shady growers and possibly unknowing suppliers who bought kava from those growers, started manufacturing Kava using the leaves and peelings of the plant…the parts that were always thrown away, and now, with recent research; the parts that are poisonous.  If you want to learn about the Kava scare in detail, please read my article published on eZineArticles entitled; “What is the Legal Status of Kava?” for more.

There has been much speculation that pharmaceutical companies were behind the “kava causes liver damage” propoganda in order to gain back the sales of Prozac. More and more doctors were successfully prescribing Kava instead of dangerous and addicting drugs, and without question, the pharmaceutical companies were taking notice.  Kava was so effective for treating anxiety that it was actually prescribed more than Prozac, especially for children.

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 in 2007 after almost everyone else in the world did.

Since then, we’ve been shipping a LARGE amount of Kava orders to Germany without any trouble since.

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 its use as a calming agent. This is yet another case where the legal status of Kava is unclear. 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.

New Zealand

Kava-containing supplements are 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.

 

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Makaira February 19, 2013 at 1:11 pm

Aloha Kiryu!

I believe the Japanese government banned kava in 2002. I haven’t heard of any changes in that yet. I recommend calling or e-mailing Japanese Customs and asking them. :)

Aloha no,
Makaira

Kiryu February 18, 2013 at 8:49 am

Hi,
Can you tell me if Kava is legal in Japan?

Makaira July 30, 2012 at 1:56 pm

Aloha Michael!

As far as we know, kava is legal in Taiwan. However, to be on the safe side, we recommend that you contact your local customs office before placing your first order. :)

Aloha no,
Makaira

Michael July 28, 2012 at 6:51 pm

Is kava legal in Taiwan?

Makaira May 29, 2012 at 5:09 pm

Mike,

I wish I had a Kava bowl for every time a person asked us that very question for their particular country! If you look to the first answer we offered to Mr. Stern on this very “Kava – Worldwide Legal Status“ post, it should cover your question as well. We state that “The best thing to do is to contact customs directly and ask them how much kava you are permitted to bring in to the country. Unfortunately, international customs are rarely straightforward and it can be tricky for us to figure out what’s going on from overseas. I hope everything gets sorted out and you are able to continue enjoying kava!”

If you happen to find that amount out, please do share it with us and we’ll post it in the most relevant section.

Aloha no,
Makaira

B Stern May 29, 2012 at 2:06 pm

Ladies and Gentlemen,

I have repeatedly ordered kava capsules with you. There have been no problems. Now, with the last shipment I received a letter from the customs office. I ordered three packs. These are now at the customs office. Do you know if and how much may I introduce to Germany for private use?

Best regards
B. Stern

Makaira August 2, 2011 at 1:57 pm

Dear Silvia,

As far as I know, kava is not regulated in South America. We have not explored the market extensively, but I’m sure that the people there would benefit greatly from this medicine!

Aloha no,
Makaira

Silvia August 1, 2011 at 4:24 am

Hi there

Just wondering if you know kava’s legal status in Brazil. Is kava exported to south america at all? This could be a very good market to explore, I am very interested. Regards, Silvia.

Makaira January 21, 2011 at 2:11 pm

Dear ASD,

Do you mean that you need a doctor’s prescription? Hmmm…well, better than making it illegal, I suppose. I wonder when governments will begin to trust people to choose what medicines they want to use.

Aloha no,
Makaira

asd January 20, 2011 at 5:55 pm

It is kinda crazy that kava is not legal in finland, it kinda isnt illegal but we need a recipe which is very hard to get xD

leo allec January 15, 2011 at 11:12 am

In Poland possession of kava-kava in any form (plant, seeds, extracts) is illegal since may 2009.

Makaira April 7, 2010 at 9:16 am

That’s a very good question, and not surprisingly, the government or the FDA doesn’t make it easy to find detailed information on Kava Kava. Plain and simple, even though it’s the tiniest sliver of a threat to the vast pharmaceutical industry, it’s enough to have them want to see Kava quietly go away. So, now that Kava actually has some protection under the FDA, sources to find it’s exact legal status are even more difficult to find. But, since we’re an FDA-registered company, we have to follow the strict guidelines set up by them, and besides our direct contact with a compliance officer, one of the only places even we look to official information on herbal supplements is the National Center for Complementary and Alternative Medicine. Their article on Kava is HERE. Hope this helps! Aloha no, Makaira

josh April 6, 2010 at 9:51 am

where or how can i find a government publication stating kava’s legal status within the united states.

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