Is Kava Legal in My Country?

Kava Legalities: Everything You Need to Know

So you want to try kava, or better yet, you've had kava before in Fiji on vacation a few years back. You remember that mouth-numbing spicy beverage chugged from a coconut bowl and the wonderful calming experience that followed. But now you're trying to buy some locally and nobody sells kava in your country.

Well, if it's not sold locally it's most likely that either you're way ahead of the game being informed, or your country was involved in the "Great Kava Scare" in the early 2000s. We'll go over all the details in this comprehensive guide.

Why Was Kava Banned

In the early 2000s, kava use was on the rise. People were learning of this ancient ceremonial beverage used for thousands of years in the Pacific. Numerous research articles emerged showing kava's efficacy in treating anxiety disorders, depression, and PTSD. Clinical practices began incorporating kava extracts for patients suffering from these conditions.

Then suddenly, around 2002, a few cases of liver toxicity appeared and immediately all countries put a hold or ban on the distribution and sale of any products containing kava. Every major country followed suit.

Since then, many researchers have dedicated their lives to investigating what happened. They've published dozens of in-depth research papers showing the inconsistencies in the medical reports and the safety of kava. According to the NIH, the probability of an adverse liver incident with kava use is 1 in 1,000,000.

So did government agencies overreact? Many think so. But why did a drink used safely for thousands of years suddenly develop problems once it was proven effective as a natural remedy?

Theory 1: Quality Control and Extracts

The World Health Organization recommends using kava only in its traditional form—a drink batched with just roots and water. You're not supposed to eat the root; it's filtered out in traditional preparation.

The problem is there are many inorganic solvent-based versions of kava on the market that use non-traditional methods. Kava must be grown for 3-5 years to gain its "noble" status and be acceptable for human consumption. Most industry experts believe kava was banned because unethical companies tried to make quick profits by illegally importing cheaper non-noble kava and processing it in non-traditional ways.

Theory 2: OTC Drug Coverup

Many studies on kava liver issues have shown the problems weren't isolated to kava alone. Most individuals with issues were taking several different drugs at once, including Acetaminophen—found in Tylenol and NyQuil. Taking extra-strength capsules can cause severe liver damage and death.

Some say it was an attempt to throw kava under the bus as the isolated reason to lower the numbers of liver cases from common OTC products. This is mostly rumor, but it shows a possibility of being true.

Theory 3: The Great Pharma Scare

Some believe the Great Kava Scare involved unethical pharmaceutical companies. At that time, numerous clinical trials showed kava could replace anti-anxiety prescription medications. Kava threatened pharmaceutical profits because it couldn't be patented and costs a fraction of prescription drugs.

Kava Legality: Country-by-Country Guide

Is Kava Legal in The United States

Kava is legal in the United States for personal use and is considered a dietary supplement. You can buy kava online, in various stores ranging from gas stations to health food stores. Kava bars based off the traditional nakamals (with an American twist!) have even started springing up across the country as an alternative to alcohol and we're proud supporters of a many number of them!

If you happen to interested in checking out the kava bar scene make sure to check this blog post for a list of US kava bars

Is Kava Legal in Canada

Kava is legal in Canada for personal use. Importing kava for personal use with less than 3 months' supply is legal, though there's no specified weight limit. However, selling kava locally requires registration with Health Canada, their national health agency, which is supposedly very difficult. We've never had problems shipping from the US to Canada.

Is Kava Legal in the U.S. Virgin Islands

The US Virgin Islands are an unincorporated US territory, but not all US laws apply. Regarding kava, the islands don't have specific import laws. We ship often to the Virgin Islands without problems.

Is Kava Legal in Australia

Kava is legal in Australia as of 2022. The Australian government banned kava imports in 2007 after reports of "health problems" from high consumption. However, in early 2022, they lifted the ban. Passengers can now bring up to 4 kilos of dried or powdered kava root per person. All products must meet national food standards.

Importing and selling kava in the Northern Territory is still illegal. We've had no problems shipping to Australia recently.

Is Kava Legal in Germany

Kava is technically legal to import in Germany. Germany banned all kava products in the early 2000s, but in 2014, German administrative courts lifted the ban due to lack of evidence. However, the success rate of shipping is low.

Is Kava Legal in New Zealand

Kava is legal in New Zealand when used traditionally—mixing root material in water. This is under the Food Standards Code and NZ Food (Supplemented Food) Standard. However, kava extracts and concentrates are prohibited.

Kava is traditional to the native Māori people and common among New Zealand's rugby teams for recovery (LOVE my all blacks brothas! Ka mate Ka mate Ka ora Ka ora!! Kapa oh pango aue hiiii! 💪)

We've had no problems shipping traditional kava to New Zealand.

Is Kava Legal in the United Kingdom

In the UK, kava is still illegal and not permitted even for personal consumption. It's unlawful to sell kava for human use. Some kava products can be bought locally but only for treating animals. Ordering from other countries comes with high risk—authorities may confiscate items. We haven't been successful yet shipping to Great Britain.

Is Kava Legal in Switzerland

Kava is legal for import in Switzerland and highly regulated for local sales. Like France and Canada, most people order kava from abroad, particularly the US. Only local sellers need government registration. We've had no problems shipping to Switzerland.

Is Kava Legal in Sweden

Kava is legal in Sweden as it's not specifically mentioned in the prohibited substances list. However, it appears to be considered prescription-only. Some consumers report their shipments were detained at the airport unless they had a prescription. About 50% of packages are sent back, so we only ship to Sweden if customers provide a prescription (usually a GAD prescription works).

Is Kava Legal in Poland

In 2018, Poland lifted restrictions—kava is no longer illegal to consume. However, selling kava locally is still prohibited, so ordering online is the best option. We haven't shipped to Poland yet, so reach out before ordering if interested.

Is Kava Legal in France

In France, kava consumption is permitted and legal. Like Canada, selling locally is allowed as long as the product is authorized by French Health authorities. We've had no problems shipping to France.

Is Kava Legal in South Korea

There's no certain law on kava in South Korea. Purchasing is not restricted as long as the product meets international packaging standards and includes the seller's company name and contact details.

There are currently no stores selling kava in Korea, so you'll need to order online or bring it through customs.

Is Kava Legal in India

Like other Asian countries, kava is not illegal in India. Due to its unpopularity, finding a local store is hard. It's easier to shop online.

Is Kava Legal in Mexico

Kava is not on any banned substance list in Mexico and doesn't seem to concern the government. There are a few kava bars in the country, but we recommend ordering abroad. We've never had problems shipping to Mexico.

Is Kava Legal in Brazil

ANVISA (the agency regulating herbal supplements) doesn't have kava on its prohibited list and doesn't seem concerned. Although it's said to be legal, finding kava is very difficult. The best option is ordering online.

Is Kava Legal in Singapore

The Singapore Food Authority (SFA) allows bringing kava in luggage in amounts less than 5kg costing less than SGD $100. You can order online with the same limit. We recommend contacting the SFA a week before bringing kava in for written consent to show authorities if stopped at customs.

Is Kava Legal in Taiwan

Kava is not listed on the country's list of illegal medicines or controlled substances. It appears legal to import, and we've had no problems shipping to Taiwan.

Is Kava Legal in Japan

Kava has been legal in Japan since 2002, but commercial sales are not allowed. You can order from other countries but are limited to personal use quantities. Order no more than 1 pound. Instant kavas are easier to import and border authorities seem less aware of them.

Is Kava Legal in China

There's no current restriction on importing kava for personal or commercial use. China is the main manufacturer of kava extracts worldwide but is notorious for producing low-quality products.

We recommend ordering from reputable brands in other countries and avoiding extracts, especially from China. Even if you find real kava in China, counterfeit products are prevalent.

Is Kava Legal in Hong Kong

Even with concerns from the early 2000s scare, Hong Kong never banned kava. It's not mentioned on the Dangerous Drugs Ordinance. You can purchase kava from local sellers. However, due to China's reputation for low-quality kava and counterfeits, we recommend purchasing from overseas suppliers.

Is Kava Legal in the Philippines

Kava is not well known even though Filipinos use many herbs for treatment. The government doesn't seem concerned. You can find local online sellers without issues. We've successfully imported kava to the Philippines without problems.

Is Kava Legal in Indonesia

Kava is not mentioned in Indonesia's list of Psychoactive Substances, even though the country has very strict laws on plant medicines. Cannabis, psychedelic drugs, and DMT-containing plants are illegal. Some locals sell kava, and there's a purported kava bar in Bali, suggesting legality throughout Indonesia. We recommend ordering from reputable suppliers due to unclear local quality control.

Is Kava Legal in Thailand

Kava is considered legal in Thailand—not on any banned substance list for personal or commercial use. However, not many people know about kava, so finding local shops is difficult. Ordering online is the best option.

Is Kava Legal in Guam

It's legal to import and consume kava in Guam, and it's actually grown traditionally on the island. Kava is primarily produced and consumed by Micronesians living there. Due to rare farming, they often import kava powder from Fiji. In 2011, authorities arrested motorists who failed sobriety tests under kava influence, so don't drink and drive.

Is Kava Legal in Norway

There's no official statement on the Norwegian Medicines Agency website regarding kava, and it's not explicitly listed as banned. Some consumers report issues ordering kava online. We recommend following best practices and working with reputable suppliers.

Is Kava Legal in the Netherlands

The Netherlands did not fall to peer pressure and never implemented a formal 'ban' after the 2002 European kava liver-toxicity scare. The Dutch Food and Consumer Product Safety Authority (NVWA) issued a warning but did not enact any type of prohibition.

Kava is actively sold in smartshops and online alongside other ethnobotanicals. A few establishments serve kava drinks, though not as widespread as in the US. Most kava activity is located in Amsterdam where the country has the largest population of individuals seeking health conscious lifestyles.

No legal action against kava bars is on record. Sales of kava powder, capsules, and teas continue openly.

Since kava wasn't consumed in the EU before May 1997, it technically requires authorisation to be marketed as food or a food supplement so even though shops market it as a relaxant, it may have a "not for human consumption" disclaimer on it.

Is Kava Legal in Italy

Italy was one of the first EU countries to emotionally react to hepatotoxicity reports from the kava scare. In 2002 Italy's Ministry of Health immediately prohibited kava in food supplements and herbal preparations and the ban remains in force to this day.

Having said that, there is a growing underground kava following in Milan and Rome with herbal shops.

Although technically illegal, small parcels for personal use are rarely intercepted, however keep in mind sales are prohibited. Consumers usually use re-shipping companies here.

Is Kava Legal in Spain

Spain did not follow Germany and Italy in issuing a specific kava ban but it does rely on the EU Novel Food catalogue and general food safety legislation so it is not technically authorized for sale as it is not listed as an authorized herbal ingredient.

Kava is particularly popular with expats in Barcelona, who tend to be more open to more natural and traditional rituals.

No blanket ban is in place and is it not on a prohibited list, nor is it criminalized. Consumers often move through this gray area by labeling products "Not for human consumption".

Is Kava Legal in Austria

Austria banned kava immediately after Germany's withdrawal of kava-containing medicines in 2002. Despite the 2007–2008 re-evaluations by the WHO (World Health Organization) and some European bodies, Austria has not yet lifted the blanket ban.

Most interest is situated in Vienna where there is a strong and growing group of health conscious individuals looking for natural alternatives to mainstream sedatives.

Kava in Austria currently remains on the list of unauthorised ingredients for dietary supplements. Although personal consumption technically violated food safety law, it is rarely if at all enforced.

Is Kava Legal in the Czech Republic

The Czech Republic is more liberal to kava and did not enact a kava ban during the kava scare. In fact, starting in 2015 a small kava bar scene has emerged in Prague describing kava as a cultural product to avoid medicinal claims. Kava is available in brick and mortal shops as well as online websites. Enforcement is extremely rare, putting Czech as one of the most kava friendly EU countries. Bravo Czech!

As an EU member, the Novel Food regulation formally applies, meaning kava is not a legally authorised food ingredient. However, the Czech State Agricultural and Food Inspection Authority (SZPI) has not prioritised enforcement of its status.

Is Kava Legal in Russia

Kava is not mentioned in Russia's narcotics legislation and has not been targeted by any prohibition campaign. Although Kratom was banned in 2011 for different reasons, kava is still considered legal, but is it subject to state registration with the Rospotrebnadzor.

Russia's online nootropic communities freely discuss and purchase kava without reported legal issues and import for personal use is generally trouble-free.

Is Kava Legal in South Africa

South Africa never introduced a kava ban and while the South African Health Products Regulatory Authority (SAHPRA) monitors complementary medicines, it has not scheduled kava as a controlled substance. It is freely available as a health supplement in pharmacies, wellness shops, and online.

Most interest is coming from Cape Town where there is a strong and growing group of forward thinking individuals pursuing a more health-conscious lifestyle.

Keep in mind, kava can be purchased as a general wellness product as long as it does not make therapeutic claims (ie, treating anxiety)

Is Kava Legal in Vietnam

Although Vietnam's drug laws are extremely strict, kava is not classified as a narcotic substance and therefore is not a controlled plant under Vietnamese Law. Kava does not appear in the list of prohibited narcotics (Decree 73/2018/ND-CP). In fact there have been kava bars emerging in Ho Chi Minh city. The emergence of kava bars in Ho Chi Minh City obviously indicates a high level of tolerance by the government and a growing scene of health conscious individuals looking for natural ways to unwind.

Import and sale of foreign novel foods technically require registration with the Vietnam Food Administration. A change in classification and enforcement is always possible, but from our understanding currently no prohibition exists.

Is Kava Legal in Denmark

Denmark took a firm stance during the kava scare and the Danish Veterinary and Food Administration (DVFA) placed kava on its negative list under the Executive Order on Food Supplements (BEK nr 1477). The ban covers sale, import, and marketing for human consumption.

Commercial import is strictly forbidden but personal possession in small quantities is not considered a criminal matter.

Is Kava Legal in Belgium

Belgium prohibited kava immediately upon the kava scare debut adding it to the Royal Decree of 29 August 1997 on herbal substances in foodstuffs negative list (Annex III) in 2002. Belgium regulatory agencies actively enforce this band (Federal Agency for the Safety of the Food Chain (AFSCA/FAVV)).

While the ban is technically in place, personal use through online purchase is rarely seized or prosecuted by customs.

Is Kava Legal in Ukraine

Ukraine's drug laws are oriented around traditional narcotics like marijuana and opiates (but synthetic opiates are legal). Our research in the "Cabinet of Ministers' Resolution No. 770" (list of narcotic drugs) does not list kava and therefore kava can be imported and sold as a dietary supplement.

We have shipped to Ukraine without issues as no specific kava bans are known, however general food safety laws do apply.

Is Kava Legal in Argentina

Argentina's food and drug agency 'ANMAT' banned kava during the kava scare. We found in the ANMAT Disposition No. 2761/2003, it prohibits the use of kava in food supplements and herbal products. Therefore it cannot be imported, manufactured, or sold for human consumption.

From what we have heard, possession for personal consumption is not criminally penalised but import through mail can be seized by border controls.

Is Kava Legal in Chile

Chile does not have a specific kava prohibition. However, we did not find kava in the Chilean Food Sanitary Regulation (Supreme Decree 977/96) list, which has all approved herbal ingredients for food supplements.

This means it cannot legally be sold as a food or supplement without special approval, but personal possession is not technically a crime.

Is Kava Legal in Ireland

Ireland is currently prohibiting sales of kava after the kava scare in 2002. During that year the Irish Medicines Board (now HPRA) prohibited the sale of herbal medicinal products containing kava, and no kava product has been licensed since.

Furthermore the Food Safety Authority of Ireland (FSAI) regards kava as a 'novel food' not on the EU authorised list, so its use as a food ingredient or supplement is therefore illegal.

A bit of a let down but hopefully they wake up to it soon.

Is Kava Legal in Israel

Kava is not a controlled substance in Israel, and we did not find it on the 'Dangerous Drugs Ordinance'. but food-supplement imports face regulatory scrutiny. However much like Germany's bFaRM, Israel's Ministry of Health ended up classifying kava as a "new food" that requires pre-market approval.

Without going through this battery of testing protocols for approval, commercial import/sale is unauthorised.

Personal import for use is in a regulatory grey zone, with many forum reports of shipments arriving without issue. The worst case scenario known is possible customs confiscation but considered low probability.

Is Kava Legal in the United Arab Emirates

The UAE maintains an extremely strict zero-tolerance policy on psychoactive substances, and kava is categorized as such here and explicitly banned.

The Ministry of Interior and Ministry of Health have repeatedly warned that kava is illegal. In 2014, UAE customs released statements that kava products are considered controlled/psychotropic substances and their importation is a criminal offence.

Possession, purchase, consumption, selling, or import can lead to imprisonment and deportation. There are multiple cases of tourists being detained for carrying kava.

They don't play around there. It is not recommended to bring kava into the UAE in any form.

Is Kava Legal in Kenya

Kava does not appear in Kenya's narcotics schedules as we have scanned and not found it on the The Narcotic Drugs and Psychotropic Substances (Control) Act, Cap. 245. The Pharmacy and Poisons Board does regulate herbal remedies and it is understood that kava can technically be sold as a herbal product but obviously must comply with general safety requirements and there is no specific herbal prohibition targeting it.

Kava is found at times in stores but rarely and is not known to be a legal concern

Is Kava Legal in Nigeria

Nigeria's drug control framework does not mention kava, and the National Agency for Food and Drug Administration and Control (NAFDAC) that oversees Nigeria's food and herbal products, has not placed kava on any banned substance list. Kava can be sold as a dietary supplement but may still be subject to NAFDAC's registration for general product safety enforcement purposes.

Is Kava Legal in Malaysia

Malaysia has strict anti-drug laws (most known are for kratom/ketum and marijuana) but kava is not listed in the First Schedule of the Dangerous Drugs Act. There is technically an act called the "Poisons Act 1952" where regulatory can control any psychotropic substance so theoretically it can be scheduled by default in the future.

People have mentioned interaction with health authorities for kava imports but no confiscated products or ban is currently in place to our knowledge. Importation still carries a non-zero risk if product is perceived as psychotropic so it cannot be reliably described as fully legal.

Is Kava Legal in Finland

Finland has quick to act for the kava scare, and has one of the strictest herbal supplement schedules for all products in the EU. We found the Finnish Food Authority (Ruokavirasto) list of prohibited herbal ingredients for food supplements currently has kava on it, and supposedly it was placed there immediately upon release of the kava scare in 2002.

Therefore, sale, import, and marketing of kava as a food or supplement is considered illegal and technically illegal to import for consumption.

Best Practices for Importing Kava

How to Prepare for Kava Import

1. Check your country's laws: Look up how your country classifies kava—medicinal herb, herbal supplement, food, or even narcotic. Different classifications mean different import treatment. Many gray areas exist.

2. Contact authorities: If kava is said to be legal in your country but you're unsure, contact enforcement authorities. You won't get "put on a list." Better yet, if they approve, you have written documentation to provide to customs if they try to seize your package.

3. Find a reputable supplier: Ask: Is this legitimate? Is kava processed in China? Is it noble classification? Does the company have a face? These questions help identify quality.

4. Work with your supplier: Ask how they'll classify your product before shipping. Many suppliers aren't aware of your country's laws and may categorize incorrectly. Some purposely misclassify to avoid tariff fees. Know what's happening so your supplier doesn't get you in trouble.

Frequently Asked Questions

What happens if my package is taken by customs?

Usually it's sent back to the seller. Depending on how your kava seller handles returns, you may expect shipping company fees and inability to refund the original purchase. At drinkroot, we don't charge extra return fees and refund the original purchase price minus shipping charges.

Are there customs or tariff fees on kava?

Yes. If buying from a registered business, you pay tariff and customs duties once the package arrives. If your supplier doesn't categorize correctly, you may face customs or federal agency issues.

How much kava can I import?

Import limits vary by country. The United States allows unlimited import if properly paid. Australia limits you to a couple kilos per person. Japan recommends no more than 1 pound.

What are common kava customs fees?

If your seller stays on the right side of customs and tariffs, expect a fee equivalent to the HS code classification. Ask your seller how they submit tariff fees—this determines what you'll pay when it arrives. Typical fees are 5-20% of purchase price.

Will authorities fine me for importing kava?

No, usually not. We've never seen a situation where a legally shipped product was seized and the buyer faced charges. The worst is refusal and return. This assumes commercial shipping with correct categorization. If your supplier purposely circumvents customs laws to save fees, that's different—you may get in trouble. (I'm not a customs broker, so consult a professional.)

Conclusion

Different countries have different laws and views on kava. Before purchasing or selling kava, be aware of the legality and import laws in your location. Although kava is legal in most countries today, there are still limitations with possession and consumption. It is best to be informed and always work with a reputable supplier.