Is Kava Legal in Australia? The Lowdown

Kava has had an interesting history in Australia, to say the least. Historically, communities have used kava as a drink for cultural practices and ceremonies. The substance also has a host of benefits, although more research is necessary.

It’s made from the root of the kava plant (Piper methysticum) and has been consumed for several thousand years across the Pacific. Traditionally, users grind the roots before soaking them in water to create a drink. It’s extremely popular among males in nations such as Vanuatu, Tonga, Fiji, and Samoa.

However, the laws surrounding the substance haven’t always been straightforward, and the series of kava myths that are still promoted doesn’t help matters. Fortunately, times have changed, and the Australian Government is clear on how it views kava legally. Below, I highlight kava laws in Australia, exploring the differences between personal and commercial use.

A Brief History of Kava Legality in Australia

Given the popularity of kava amongst Pacific Islanders, it’s no surprise that those who settled in Australia continued to use it as part of their tradition. In the 1980s, kava was even introduced into some Indigenous communities in a bid to tackle alcohol-related health issues.

However, the government decided to ban imports in 2007 but continued to allow travelers to enter Australia with up to two kilos of kava for personal use. This was done as a recognition of the substance’s importance in Pacific Island culture. In 2019, the Australian Government launched a kava pilot program, increasing the personal kava limit to four kilos.

The second phase began in December 2021, permitting companies to apply to import kava into the country. This decision made financial sense since kava remains one of the Pacific’s most valuable crops. It’s also worth noting that state and territory governments can decide whether to allow or ban kava, and all kava imports must meet Australian national food standards.

On 1 December 2021, the nation’s Department of Agriculture, Water, and the Environment confirmed that certain kava products are legal as food for sale in Australia. Now, dried or raw kava root, including kava root powder, kava root chips, and whole kava root, are legal to sell. Furthermore, beverages containing kava root suspension in cold water (with no organic solvent) are also legal to sell.

It should be noted that kava products:

• Must come from the peeled rootstock or peeled root of the Noble variety of kava
• Can’t contain any substance used as a food additive or processing aid

What Are the Other Kava Import Laws?

Kava is a Schedule 4 drug under the Customs (Prohibited Imports) Regulations 1956. According to Section 5F, it’s illegal to import the substance without the requisite permission. Interestingly, there is an exception if you have a valid medical prescription that proves you need it for “treatment” purposes.

Anyone looking to import kava must receive an import permit from the Australian Government Department of Health (Office of Drug Control). Once imports of kava arrive at the border, they must meet biosecurity import conditions. They must also meet the Code’s labelling requirements and country of origin food labelling requirements. The name of the food, such as “kava root powder,” must be clearly displayed on the package.

Furthermore, kava products must have labels that say “use in moderation” and “may cause drowsiness.” It’s important to note that by all accounts, a significant majority of kava users enjoy the substance responsibility. Part of this responsible usage involves monitoring how much you use and not consuming it prior to operating heavy machinery.

It remains against the law to make health or nutrition claims on kava products. For instance, sellers can’t say that the kava root is low in sugar or helps lower anxiety.

Personal Versus Commercial Use

It’s also important to note that kava laws vary depending on how you intend to use the substance. For instance, incoming passengers aged 18+ can bring a maximum of 4 kilograms of kava powder into Australia for personal use. However, this practice is banned in the Northern Territory. There is a different set of rules if you’re planning to import kava for medical and scientific purposes.

Those looking to apply to bring kava into Australia for commercial use need to import a minimum of 20 kilograms, have an Australian Business Number (ABN), be registered to pay GST, and the kava formulation has to be approved by the Department of Agriculture, Fisheries, and Forestry.

You MUST adhere to the law because the financial penalties if you’re caught breaking it are potentially crippling. Illegal importation of kava into Australia carries a maximum penalty of 1,000 penalty units if the court is unable to determine its value. Otherwise, the fine is triple the kava’s value or 1,000 penalty units, whichever is greater.

Bear in mind that a single penalty unit is over $300 at the time of writing. So, if you get the maximum fine, you’re looking at owing over $300,000!

What Does the New Law Mean for Kava in Australia?

These legal changes are a boon to the fledging kava industry in Australia. While its usage is predominantly associated with Pacific Islanders, a growing number of people are eager to learn about the substance. By making kava more widely available, it’s significantly easier to access it. Indeed, there’s a possibility that kava may one day become a “mainstream” product.

Certainly, there are signs of this happening already. Soon after the government gave the green light for commercial kava sales, “pop-up” kava bars started to appear. A Fijian Kava Bar in West End Brisbane was the first example of such an establishment in Australia. This event featured a traditional kava drinking ceremony and Fijian Meke Dance, with the bar serving kava cocktails and canapes for guest media.

Furthermore, kava products quickly appeared on the aisles of shops and supermarkets such as Coles.

Although the easing of restrictions on kava is great news for advocates of the substance, caveats do apply. For instance, the government has stated that the latest changes will be monitored by the National Drug and Alcohol Research Centre in concert with Ninti One, an Indigenous-owned organisation. This process included an evaluation of the economic, social, health, and cultural effects of increased kava availability.

Published in 2023, this report found that kava was valued for its role in maintaining traditions, recreation, and social unity in many communities. The report found conflicting information regarding the harms and benefits of kava across various studies. Furthermore, most studies had a high risk of bias due to differing reporting and methodological shortcomings.

Kava Is Now Available for Sale!

Ultimately, the aforementioned report concluded that ongoing monitoring was critical for the more frequent users of kava, such as Aboriginal and Torres Strait Islanders. At present, reports and evidence surrounding the effects of kava use remain varied and inconclusive. What we know is that kava remains of great value to a wide variety of communities, and the pilot program opened trade opportunities between Australia and Pacific Island nations that are proving beneficial for all parties.

In simple terms, if you plan to use kava, make sure you only purchase it from a reputable source, such as Premium Jane. Moreover, ensure that the products include third-party lab reports and, above all, use kava in moderation.