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Mr G

Kava Curious
Really, tell us more. I've never understood how GKE get shipments of it into Europe when so many people on here have small packages confiscated?
 

TheKavaSociety

New Zealand
Kava Vendor
Really, tell us more. I've never understood how GKE get shipments of it into Europe when so many people on here have small packages confiscated?
I suppose they import it as dog food or hamster cage bedding? If I am not mistaken, it is only illegal to import kava into the UK when it's meant for human consumption?

@Kavafied what kind of startups have you heard about? Which countries will they be operating in? :)
 

Kavafied

Kava Vendor
I suppose they import it as dog food or hamster cage bedding? If I am not mistaken, it is only illegal to import kava into the UK when it's meant for human consumption?

@Kavafied what kind of startups have you heard about? Which countries will they be operating in? :)
Just more vendors gearing up to distribute throughout europe. No surprise thought as the Kava market is heating up.
 

TheKavaSociety

New Zealand
Kava Vendor
Funny, as it's still illegal or prescription only in every country in the EU? No?
I think it is only illegal to consume/possess it in Poland. Other countries might not allow sales or imports, but the common market makes these rules a bit hard to enforce, doesn't it?
 

Mr G

Kava Curious
It does seem to have become easier to get it into European countries, but if you look at GHK's experiences of seizures, GKE and the threatened prosecution (which they're still working on despite the change in Gernany's categorisation of kava, AFAIK), I believe the standing in the EU is that kava is, at best, still illegal to consume unless prescribed by a doctor. It joins a list of other "chemicals" which have been treated the same way, including melatonin for example.

What I'm getting at here is that, though I'm excited to hear about possible new sources, I'd wonder how they'll operate. Vendors in US can take the risk of sending to EU, they can't be prosecuted for supplying, and they can maybe take the cut in any missing packages or seized, the onus then falls on the purchaser. Any EU supplier located and distributing from within the EU is liable to the rules enforced there which we've already found can cause havok to a business, for what would, I imagine, be small margins, considering shipping costs from the Pacific and the overall risk of having a whole shipment seized by customs when it lands? Do you see what I mean?
 

TheKavaSociety

New Zealand
Kava Vendor
It does seem to have become easier to get it into European countries, but if you look at GHK's experiences of seizures, GKE and the threatened prosecution (which they're still working on despite the change in Gernany's categorisation of kava, AFAIK), I believe the standing in the EU is that kava is, at best, still illegal to consume unless prescribed by a doctor. It joins a list of other "chemicals" which have been treated the same way, including melatonin for example.

What I'm getting at here is that, though I'm excited to hear about possible new sources, I'd wonder how they'll operate. Vendors in US can take the risk of sending to EU, they can't be prosecuted for supplying, and they can maybe take the cut in any missing packages or seized, the onus then falls on the purchaser. Any EU supplier located and distributing from within the EU is liable to the rules enforced there which we've already found can cause havok to a business, for what would, I imagine, be small margins, considering shipping costs from the Pacific and the overall risk of having a whole shipment seized by customs when it lands? Do you see what I mean?
Well, I don't think there is any EU-wide regulation concerning kava. Lots of EU member states have regulated kava sales, but I don't think there is any EU directive or regulation banning its consumption or sale. In some EU states kava remains entirely unregulated AFAIK. For instance, a friend of mine imports it regularly to the Czech Republic (openly for human consumption and clearly labelled as piper methysticum) and simply pays VAT on his larger imports. So unless Czech authorities are blind or ignorant of their own legislation, kava is a legal substance in at least one of the EU member states.

Even Poland, which remains the only country in the world where kava is treated the same way as hard drugs (up to 3 years in jail for possession), only banned kava in late 2009 (i.e. almost a decade after the so called German ban) and not because of any concerns about its effects on the liver, but as part of the country's crusade against "legal highs".
 

TheKavaSociety

New Zealand
Kava Vendor
I actually think the UK seems to be following Poland's approach to "legal highs". Apparently the new legislation (coming into force in April?), will likely make all psychoactive substances used for human consumption (including kava?) treated as currently illegal drugs. But I am not 100% sure as I am not a lawyer.
 

Mr G

Kava Curious
Czech Republic isn't the best place to use as an example of legislation enforement tbh :)

This original thread has not changed much: http://kavaforums.com/forum/threads/is-kava-legal-in-europe.2324/

The current Kava legislation in UK: http://www.legislation.gov.uk/uksi/2002/3170/contents/made

Also, despite the overturning of the Kava ruling in Germany in 2014, GKE were still threatened with prosectuion in 2015? I think?

TBH, I see the future of Kava in Europe as perhaps slowly becoming less illegal but more regulated, as regards health and safety in prepartaion and medicianl warnings etc, which will make it more and more expensive to supply and major risk business to invest in during the transition.
 

TheKavaSociety

New Zealand
Kava Vendor
Czech Republic isn't the best place to use as an example of legislation enforement tbh :)
Why not? It's one of the most reasonable EU member states when it comes to drug policy (https://en.wikipedia.org/wiki/Drug_liberalization#Czech_Republic). Some people might imagine that Czech Republic's commitment to the rule of law might be weaker than in the West, but these are just old stereotypes. They simply have a far more reasonable approach to psychoactive substances, medicines and personal liberty than many other EU member states.
 

TheKavaSociety

New Zealand
Kava Vendor
I think you are right that in general kava might become "less illegal", but more regulated across the EU. BUT, I am also curious about the EU legislation. According to the EU's principle of mutual recognition, all member states must recognize other members' safety standards and permit the sale and consumption of goods produced in accordance with other members' regulations. Similarly, the EU member states must allow sales of products legally exported from other members states to the rest of the Union. Drugs are exempt from this as each member state is free to pursue its own drug policy, BUT it's not like every EU member state can liberally declare this or that product a "drug". The Polish parliament's report from 2009 stated clearly that Poland's legislation banning substances like kava did not meet the EU's requirements for providing sound scientific evidence for classifying these substances as goods exempt from the rules of the common market. The parliament ignored that opinion and passed the anti-legal high legislation, but this does not make it legal from the EU point of view. It's just that nobody has filed a complaint/paid for the lawyers to challenge this legislation. [Those unfamiliar with the EU might not know this, but in the EU, the EU legislation is above national legislation in most areas, especially when it comes to health & safety, trade and economic activity]

Read more about mutual recognition and how it applies to drugs etc: http://ec.europa.eu/growth/single-market/goods/free-movement-sectors/mutual-recognition/index_en.htm
 

TheKavaSociety

New Zealand
Kava Vendor
That's the point I'm making. Look at what happened GKE when the German drugs agency came after the Irish FSA about them? It seems to have almost put them out of business:

http://kavaforums.com/forum/threads/kava-ban-eu-current-situation-of-kava-europe.6427/
Yep. But I am wondering if they considered going through the EU legislation route.. Or perhaps they did, but then realized that the cost of doing that would have been prohibitive.

Either way, from what I've been told, one can legally import and sell kava in the Czech Republic.
 
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