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K@ at BKH

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TheKavaSociety

New Zealand
Kava Vendor
Well, if you look at the AKA (American K@ Association) web site it states that K@ is legal in most states. Presumably they have lawyers advising them and know what they are talking about. However I can't find anything specifically regarding the laws about selling it in cafes or food service establishments vs. elsewhere. One would hope that anyone who did choose to do that would get some good legal advice before doing so.
http://www.americankratom.org/legal_status
I posted a link earlier to a discussion about it's legal status and the reason why no bar calls itself a "K@ bar" and why online vendors put "not for human consumption" stickers. It seems that while it's legal to possess it or even sell it, it is not considered to be a safe food product and hence cannot be legally sold as food/dietary supplement. Think gasoline. Legal to buy, sell, own, but not legal to serve in milkshakes.
 
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Groggy

Kava aficionado
Admin
Well, if you look at the AKA (American K@ Association) web site it states that K@ is legal in most states. Presumably they have lawyers advising them and know what they are talking about. However I can't find anything specifically regarding the laws about selling it in cafes or food service establishments vs. elsewhere. One would hope that anyone who did choose to do that would get some good legal advice before doing so.
http://www.americankratom.org/legal_status
I hate to say it, but AKA doesn't hold a lot of weight in my mind, they have too many conflicts of interest in the people involved.
 

verticity

I'm interested in things
I posted a link earlier to discussion about it's legal status and the reason why no bar calls itself a "K@ bar" and why online vendors put "not for human consumption" stickers. It seems that while it's legal to possess it or even sell it, it is not considered to be a safe food product and hence cannot be legally sold as food/dietary supplement. Think gasoline. Legal to buy, sell, own, but not legal to serve in milkshakes.
That might be true. I don't know. But the fact is, it is sold openly in many places, and the police generally have been leaving those places alone since the recent reversal by the DEA on scheduling krat at the Federal level. Maybe it's kind of like the situation with marijuana in the states here where it is legal. MJ is still illegal at the Federal level, but since voters in some states have legalized it, the Feds choose not to enforce the letter of the national law. And it is true that that kind of situation is precarious, because law enforcement could always decide to change their mind about their priorities.
 

TheKavaSociety

New Zealand
Kava Vendor
That might be true. I don't know. But the fact is, it is sold openly in many places, and the police generally have been leaving those places alone since the recent reversal by the DEA on scheduling krat at the Federal level. Maybe it's kind of like the situation with marijuana in the states here where it is legal. MJ is still illegal at the Federal level, but since voters in some states have legalized it, the Feds choose not to enforce the letter of the national law. And it is true that that kind of situation is precarious, because law enforcement could always decide to change their mind about enforcement priorities.
Maybe. Or maybe this is why K@ is actually no longer so openly sold. Apparently most bars sell it under the counter and clearly no place calls itself a "K@ cafe"
 

SelfBiasResistor

Persist for Resistance!
I posted a link earlier to a discussion about it's legal status and the reason why no bar calls itself a "K@ bar" and why online vendors put "not for human consumption" stickers. It seems that while it's legal to possess it or even sell it, it is not considered to be a safe food product and hence cannot be legally sold as food/dietary supplement. Think gasoline. Legal to buy, sell, own, but not legal to serve in milkshakes.
I agree that K@ doesn't need to be sold in a kava bar or any other drinking establishment but comparing it to gasoline is ridiculous. The main reason it is not approved as a dietary supplement like kava is that it was not sold in the US before the early 90's when all of the current supplements were grandfathered in. Not because there is proof that it is dangerous. The main reason the DEA ban was stopped was because of lack of proof that K@ itself is inherently dangerous.
 

TheKavaSociety

New Zealand
Kava Vendor
I agree that K@ doesn't need to be sold in a kava bar or any other drinking establishment but comparing it to gasoline is ridiculous. The main reason it is not approved as a dietary supplement like kava is that it was not sold in the US before the early 90's when all of the current supplements were grandfathered in. Not because there is proof that it is dangerous. The main reason the DEA ban was stopped was because of lack of proof that K@ itself is inherently dangerous.
I didnt mean to suggest that krat is as unhealthy as gasoline, but just wanted to use gasoline as an example of a LEGAL product that can still be ILLEGAL to serve in a cafe. I think this is what AKA means when they state K@ is "legal" in various states
 

SelfBiasResistor

Persist for Resistance!
I didnt mean to suggest that krat is as unhealthy as gasoline, but just wanted to use gasoline as an example of a LEGAL product that can still be ILLEGAL to serve in a cafe. I think this is what AKA means when they state K@ is "legal" in various states
Yes, it is perfectly legal to buy, sell, consume, etc in most states. A handful have banned it, many others (including my own) have considered banning it but decided not to when more research was done by the politicians involved. Vendors selling it with the "not for human consumption" label are doing so to stay under the FDAs radar, making no claims on benefits or usage. I'm not sure how much risk there is in a kava bar brewing it and selling it as a drink, maybe Judd can tell us about that.
 

verticity

I'm interested in things
Good find, Ivan!

79th OREGON LEGISLATIVE ASSEMBLY--2017 Regular Session
Senate Bill 518

"Directs State Board of Pharmacy to conduct study for purpose of determining whether plant mitragyna speciosa and drug derivatives of plant should be scheduled as controlled substance. Sunsets January 2, 2019. Declares emergency, effective on passage"

Overview: https://olis.leg.state.or.us/liz/2017R1/Measures/Overview/SB518
Text: https://olis.leg.state.or.us/liz/2017R1/Downloads/MeasureDocument/SB518/Introduced
It was not exactly difficult to find...
 

verticity

I'm interested in things
Good find, Ivan!

79th OREGON LEGISLATIVE ASSEMBLY--2017 Regular Session
Senate Bill 518

"Directs State Board of Pharmacy to conduct study for purpose of determining whether plant mitragyna speciosa and drug derivatives of plant should be scheduled as controlled substance. Sunsets January 2, 2019. Declares emergency, effective on passage"

Overview: https://olis.leg.state.or.us/liz/2017R1/Measures/Overview/SB518
Text: https://olis.leg.state.or.us/liz/2017R1/Downloads/MeasureDocument/SB518/Introduced
But I'm not sure who this "Ivan" person you are talking about is. Have you been in contact with the Russians?
 

verticity

I'm interested in things
I posted a link earlier to a discussion about it's legal status and the reason why no bar calls itself a "K@ bar" and why online vendors put "not for human consumption" stickers. It seems that while it's legal to possess it or even sell it, it is not considered to be a safe food product and hence cannot be legally sold as food/dietary supplement. Think gasoline. Legal to buy, sell, own, but not legal to serve in milkshakes.
Not really relevant here but it is interesting to note that Oregon is one of two American states where self-service petrol stations are illegal.
 

Elirock89

Newbie
I'm definitely not the most knowledgeable on these topics, but I would like to share my experience.
I was introduced to kava by visiting a kava bar in Wilmington, NC a couple years ago. During my visit I tried kava and didn't really have an opinion on it at the time. I did notice several other visitors that were coming in for K@, and tbh they kindof freaked me out. There was a person who came back into the shop multiple times while I was there and said "Ill take another one", just to down it and leave the bar right away. I never went back to that bar.
I did however try kava again more recently by ordering quality product online, and I love it! I cant help but feel if that bar had a different environment that was focused on kava, that they would've made a regular customer of me right then. Instead they were not super informative and were just serving up the drinks for the fiends it felt like. I also feel like many others would have the same experience as me and, for those who love kava like I am starting to, this is not how it should be promoted so others don't get the wrong impression before trying with an open mind. Just my 2 cents. I think a good kava bar who promotes it with the right intentions and informing people of the benefits could be wildly successful all the while helping the cause.
 

SelfBiasResistor

Persist for Resistance!
K@ suppliers are contacting kava bars, and some have taken on the product. I'm not happy that it's being associated with kava (since there IS no logical association), but I expect this problem will be self-correcting in the long run. You can't sell a product that is not legal for human consumption and expect to keep your restaurant license for very long, lol.
K@ is legal to consume as long as you are not in a state that has made it illegal, the FDA just doesn't approve of it being sold or imported for that purpose. I'm thinking it would be up to the local license issuing authority as to whether they would revoke licenses over it? I want to see K@ stay legal so I would rather not see it in a bar type environment of any kind.
 

SelfBiasResistor

Persist for Resistance!
As far as I know there are no laws forbidding consumption of K@, and even in states where it is banned I expect their laws only cover possession. For that matter, possessing and sniffing glue is not illegal either lol.
Yeah, you're right. Possession and selling.

I think that those who serve it realize these problems, and this is why they sell it under the counter, exclude it from their menus, and claim to limit quantities. They really do know better...
I know the FDA's position, my question was more on whether or not they could shut down a restaurant/bar the same way they can a supplement company. Either way, the practice you describe creates a very bad image to people who don't understand either herb and confuse the two because their names start with the same letter...
 
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