Good news! Kava (Piper methysitcum) is legal throughout the States at federal level. It is not listed as a controlled substance under the U.S. Controlled Substances Act. This is the primary federal law in the U.S. that regulates the manufacture, possession, use, and distribution of certain drugs and chemicals put into effect in 1970 by the Drug Enforcement Administration and Food and Drug Administration.
Throughout all 50 states, Individuals can sell, purchase, possess, and consume kava legally. It is currently regulated as a dietary supplement by the Food and Drug Administration. This means it’s subject to general supplement rules (labeling accuracy, no unapproved health claims, and good manufacturing practices).
STATE & LOCAL REGULATIONS
While kava is legal at the federal level, a few places have had temporary or past restrictions. Still, none of these areas currently have outright bans on the supplement.
CALIFORNIA
Legal; Occasionally under review due to supplement safety discussions, but never banned.
LOUISIANA
Legal; Sometimes monitored for use in bars and beverages. It’s important to abide by kava’s supplement labeling. Bar staff may be questioned by patrons about the health claims of kava, or in other cases menus might imply medicinal effects that might cross over into unapproved health claims.
TENNESSEE
Legal; Local law enforcement has occasionally scrutinized “kava bars.” This could be for various reasons such as misunderstanding the legal status. Law enforcement may confuse herbal/non-intoxicant status with controlled substances, especially with a lack of experience. With Kratom (another popular botanical) under regulation or banned in a few places, it can be easy to lose track of the rules within the botanical realm.
⭐️ HAWAII
Legal and culturally protected. Kava is native to Hawaii and has been central to the islanders’ lives for centuries. It’s used in ceremonies, religious rituals, and as offerings to gods. Much like the rest of the U.S., it’s also used in social gatherings to promote relaxation and unity. Because of these deep roots, kava (pronounced ‘awa on the island) is considered a sacred and ancestral plant. It’s part of Hawaiian identity, not a simple beverage.
SOUTH DAKOTA
Legal; Previously proposed bans on certain ethnobotanicals didn’t include kava. One ethnobotanical that reached banned status was Salvia divinorum (also called Diviner’s sage, magic mint, seer’s sage) that can cause intense, short-lived hallucinations. Twenty-five other states have banned it, as well, with other states putting restrictions on the substance.
Clearly, the benefits and side effects of botanicals vary greatly.