What's new

Kava Fact of the Day Kava's legality in Australia

The Kap'n

The Groggy Kaptain (40g)
KavaForums Founder

Ray Norris, Kava, January 10, 2006, JPG, 320x211
(https://upload.wikimedia.org/wikipedia/commons/b/be/Kava.JPG)

Kava in Australia

Kava is currently a controlled substance in Australia, and has been officially since 2007. Kava can be brought in via personal carry on of quantities up to 4 kilograms in dried root form only. Kava can be imported commercially only if the product is registered with the Therapeutic Goods Administration through a licensed manufacturer or for scientific purposes (Bird 2016). Kava went through many stages during its consumption in the Northern Territories. From 1982 until 2007 kava was regulated and unregulated 3 different times before it’s final import restriction ban. In 2019 an article was written concerning kava usage in Aboriginal and Pacific Islander communities in Australia which described the handling of kava in the NT in 6 stages.

  1. Unregulated (1982-1990)
  2. Licenced (1990-1993)
  3. Unregulated (regulatory hiatus) (1994-1998)
  4. Illegal (1998-2001)
  5. Licensed – National Code of Kava Management (2002-2007)
  6. Import restriction (2007- current).

These rules and regulations are brought forth due to what the legislators consider “harm” caused by kava. These physical harms can be summed up in three distinct issues that have probable links to kava. These are;
  1. Kava Dermatitis, or kava dermopathy. This is characterized by powdery dryness of the limbs and upper back (Hannam et al. 2014).
  2. Weight loss.
  3. Raised liver enzyme GGT/ALP. Both which are non-indicative of liver damage. (Clough, Bailie, and Currie 2003)
Further harms were considered being tied to amotivational syndrome due to continual kava intake. This was seen as a harm tied to family and society interaction (Butt 2019).

In the Northern Territory of Australia kava remains banned as of November, 2020. “Trafficable quantities” are defined in the NT as more than 2 kilos, but less than 25 kilos, or more than 4 but less than 20 kava plants. Northern Territory legislation penalties are shown as “penalty units” rather than dollars. A penalty unit is a set amount of money used to work out each fine. Currently one penalty unit quals $158 (Northern Territory Government 2020). In the case of trafficking, or more than 2 kilos but less than 25 kilos, the penalty is 100 units or imprisonment for 2 years. In the case of possession of commercial quantities over 25 kilos the punishment can be for imprisonment of up to 8 years (Department of Industry, Tourism and Trade 2020).

Australia is currently in a phase of warming back up to kava, as the Government Budget 2020-2021 is including a measurement to increase consumer access to kava. This will allow the commercial importation of kava by December 2021 (“Increasing Consumer Access to Kava” n.d.).





Bird, Gail. 2016. “Import Restrictions: Kava and Khat.” The Office of Drug Control. December 7, 2016. https://www.odc.gov.au/import-restrictions-kava-and-khat.

Butt, Julia. 2019. Kava Usage in Aboriginal and Pacific Islander Communities in Australia. National Drug Research Institute.

Clough, Alan R., Ross S. Bailie, and Bart Currie. 2003. “Liver Function Test Abnormalities in Users of Aqueous Kava Extracts.” Journal of Toxicology. Clinical Toxicology 41 (6): 821–29.

Department of Industry, Tourism and Trade. 2020. “KAVA MANAGEMENT ACT 1998.” https://legislation.nt.gov.au/Legislation/KAVA-MANAGEMENT-ACT-1998.

Hannam, Sarah, Michael Murray, Lucia Romani, Meciusela Tuicakau, and Margot J Whitfeld. 2014. “Kava Dermopathy in Fiji: An Acquired Ichthyosis?” International Journal of Dermatology 53 (12): 1490–94.

“Increasing Consumer Access to Kava.” n.d. Accessed April 19, 2021. https://www.odc.gov.au/publications/increasing-consumer-access-kava.

Northern Territory Government. 2020. “Penalty Units.” June 22, 2020. https://justice.nt.gov.au/attorney-general-and-justice/units-and-amounts/penalty-units.
 

Alia

'Awa Grower/Collector

Ray Norris, Kava, January 10, 2006, JPG, 320x211
(https://upload.wikimedia.org/wikipedia/commons/b/be/Kava.JPG)

Kava in Australia

Kava is currently a controlled substance in Australia, and has been officially since 2007. Kava can be brought in via personal carry on of quantities up to 4 kilograms in dried root form only. Kava can be imported commercially only if the product is registered with the Therapeutic Goods Administration through a licensed manufacturer or for scientific purposes (Bird 2016). Kava went through many stages during its consumption in the Northern Territories. From 1982 until 2007 kava was regulated and unregulated 3 different times before it’s final import restriction ban. In 2019 an article was written concerning kava usage in Aboriginal and Pacific Islander communities in Australia which described the handling of kava in the NT in 6 stages.

  1. Unregulated (1982-1990)
  2. Licenced (1990-1993)
  3. Unregulated (regulatory hiatus) (1994-1998)
  4. Illegal (1998-2001)
  5. Licensed – National Code of Kava Management (2002-2007)
  6. Import restriction (2007- current).

These rules and regulations are brought forth due to what the legislators consider “harm” caused by kava. These physical harms can be summed up in three distinct issues that have probable links to kava. These are;
  1. Kava Dermatitis, or kava dermopathy. This is characterized by powdery dryness of the limbs and upper back (Hannam et al. 2014).
  2. Weight loss.
  3. Raised liver enzyme GGT/ALP. Both which are non-indicative of liver damage. (Clough, Bailie, and Currie 2003)
Further harms were considered being tied to amotivational syndrome due to continual kava intake. This was seen as a harm tied to family and society interaction (Butt 2019).

In the Northern Territory of Australia kava remains banned as of November, 2020. “Trafficable quantities” are defined in the NT as more than 2 kilos, but less than 25 kilos, or more than 4 but less than 20 kava plants. Northern Territory legislation penalties are shown as “penalty units” rather than dollars. A penalty unit is a set amount of money used to work out each fine. Currently one penalty unit quals $158 (Northern Territory Government 2020). In the case of trafficking, or more than 2 kilos but less than 25 kilos, the penalty is 100 units or imprisonment for 2 years. In the case of possession of commercial quantities over 25 kilos the punishment can be for imprisonment of up to 8 years (Department of Industry, Tourism and Trade 2020).

Australia is currently in a phase of warming back up to kava, as the Government Budget 2020-2021 is including a measurement to increase consumer access to kava. This will allow the commercial importation of kava by December 2021 (“Increasing Consumer Access to Kava” n.d.).





Bird, Gail. 2016. “Import Restrictions: Kava and Khat.” The Office of Drug Control. December 7, 2016. https://www.odc.gov.au/import-restrictions-kava-and-khat.

Butt, Julia. 2019. Kava Usage in Aboriginal and Pacific Islander Communities in Australia. National Drug Research Institute.

Clough, Alan R., Ross S. Bailie, and Bart Currie. 2003. “Liver Function Test Abnormalities in Users of Aqueous Kava Extracts.” Journal of Toxicology. Clinical Toxicology 41 (6): 821–29.

Department of Industry, Tourism and Trade. 2020. “KAVA MANAGEMENT ACT 1998.” https://legislation.nt.gov.au/Legislation/KAVA-MANAGEMENT-ACT-1998.

Hannam, Sarah, Michael Murray, Lucia Romani, Meciusela Tuicakau, and Margot J Whitfeld. 2014. “Kava Dermopathy in Fiji: An Acquired Ichthyosis?” International Journal of Dermatology 53 (12): 1490–94.

“Increasing Consumer Access to Kava.” n.d. Accessed April 19, 2021. https://www.odc.gov.au/publications/increasing-consumer-access-kava.

Northern Territory Government. 2020. “Penalty Units.” June 22, 2020. https://justice.nt.gov.au/attorney-general-and-justice/units-and-amounts/penalty-units.
Worth Noting- From Australia Northern Territory News
 

Attachments

Alia

'Awa Grower/Collector
Great find! Do you happen to know the date of publication of that cartoon?
Not exactly. I found it in Herbalgram magazine page 49 , Number 39; Spring 1997.
It only credits the cartoon as: "Australian political cartoon lampooning reports of purported kava abuse by Aboriginals.
Courtesy of the Northern Territory News".
 

kasa_balavu

Yaqona Dina
Ahh ok. Thanks.
Must have been recent at the time of the publication of that Herbalgram edition. I guess that was when the ban enacted in 98 was still being debated.
 
Top