Is Kava Legal in Australia? - Criminal Defence Lawyers Australia

Share This Article

This article is intended to be used as a guide and should not supplement legal advice. For legal advice, book a consultation with one of our criminal lawyers Sydney team.

Kava is a naturally grown substance found from the ground roots of a Kava plant known as Piper Methysticum which is found in the South Pacific which is consumed as a drink, extract or a supplement.

Table Of Contents

Benefits and Side Effects of Kava
The Law on Kava in Australia
The Offence of Illegally Importing Kava
History of Kava

Benefits and Side Effects of Kava

Kava benefits include:

Reduces anxiety.
Improves sleep.
Protects neurons from being damages.
Reduces pain sensations.
Reduces the risks of cancer (limited evidence on this)

Kava side effects include:

Risks of liver damage (limited evidence)

The liver enzymes that break down the Kava also breaks down other drugs. This can prevent the enzymes from breaking down other drugs which may cause them to build up thus affecting the liver.

Some manufacturers of Kava will try to save costs by using other parts of the Kava plant such as its leaves or stems (and therefore not the root) which is known to be unhealthy for the liver.

Accordingly, if you have no pre-existing liver problems and are not taking medications that impact on the liver, it is generally considered safe to consume Kava in reasonable doses for period of one to two months.

The Law on Kava in Australia

Kava has strict legal requirements in Australia which sets the amounts for personal use and for commercial use.

Kava cannot be imported into Australia unless there is an import permit issued by the Office of Drug Control (ODC).

If you are 18-years of age of older, you are permitted to import up to 4kg of Kava (powder) into Australia in your accompanied baggage. This does not apply in the Northern Territory.

Importing Kava for food consumption is subject to regulation 5F of the Customs (Prohibited Imports) Regulations 1956, which requires an import permit for each consignment imported.

Before importing Kava, a permit must be obtained. You cannot obtain a permit once the Kava has arrived in Australia.

Kava is a schedule 4 drug under the Customs (Prohibited Imports) Regulations 1956. For this reason,

Section 5F prohibits the importation of Kava without permission.

An exception to this is the importing of Kava with a valid medical prescription for treatment purposes.

A commercial quantity of Kava is 20kg or more. Applications to import Kava are limited for commercial use only.

Kava is not permitted to be imported into the Northern Territory.

The Offence of Illegally Importing Kava

It is illegal to import Kava into Australia without permission, which carries a penalty of up to 1,000 penalty units where the court cannot determine the value of it, otherwise, the penalty is 3 times the value of the Kava or 1000 penalty units (whichever is the greater) pursuant to section 233AB of the Customs Act 1901 (Cth).

As at 2024, 1 penalty unit is $313 for commences committed on or after 1 July 2023.

History of Kava

Kava is consumed in the South Pacific where its main origin is. The natural substance is generally considered safe. Its roots contain compounds known as Kavalactones which are widely known to reduce anxiety.

It is generally advised to consult a medical practitioner prior to consuming Kava; to be sure to check the Kavalactone content in each dose prior to consuming; and to review as to whether the Kava you intend on consuming is derived from the root (preferred) as opposed to other parts of the plant.

Kava can come from various forms, from tea, liquid, and capsule.

For more on drug laws, book a consult with one of our Sydney drug lawyers for a confidential chat.

Published on 12/08/2024