Quick answer
- Federal drug schedules
- Not controlled (DEA, April 2026)
- FDA on food
- Listed by the FDA as not generally recognized as safe in conventional food
- State statutes
- None found that set kava rules, age limits or kava bar licenses
- State agencies
- Hawaii, Arizona, California and Michigan have each stated a position
Federal law
Kava is a drink made from the root of a Pacific island plant. It is not a controlled substance: the DEA's April 2026 fact sheet says "kava is not controlled under the Controlled Substances Act", and it is not in the federal schedules, 21 CFR Part 1308.
The FDA's position is about food and supplements, not drug law. In March 2002 it issued a consumer advisory on kava supplements and the liver. An advisory is a warning, not a ban. The FDA also lists kava among substances it has determined are not generally recognized as safe for use in conventional food.
State agencies
We found no state statute that sets rules for kava as of November 5, 2026. What exists is agency guidance, and it points in different directions:
- Hawaii. The Department of Health found in 2024 that noble kava ('awa) prepared in water or coconut water is generally recognized as safe.
- Arizona. The Department of Health Services says kava may not be added to food or beverages.
- California. The Department of Public Health says kava tea made with water only is generally not considered a food additive.
- Michigan. The Department of Agriculture and Rural Development said in May 2025 that non-noble kava is an unapproved food ingredient.
Bills that did not pass
Florida bills in 2025 and 2026 that would have regulated kava and kratom bars did not pass, and a 2026 Iowa bill to make kava a Schedule I substance stalled in committee. We found no enacted state law setting an age limit or license for kava bars.
On this site
This site lists no kava products. Kratom by state covers a different botanical with much more state law.
Common questions
Is kava a controlled substance?
No. The DEA's kava fact sheet of April 2026 says kava is not controlled under the Controlled Substances Act, and it does not appear in the federal schedules, 21 CFR 1308.
Can kava be sold as food or drinks?
The FDA lists kava as not generally recognized as safe for use in conventional food. State agencies differ: Hawaii's Department of Health found noble kava ('awa) prepared in water or coconut water generally recognized as safe in 2024, while Arizona's Department of Health Services says kava may not be added to food or beverages.
Are there state laws for kava bars?
We found no enacted state law setting an age limit or license for kava bars as of November 5, 2026. Florida bills on kava and kratom bars in 2025 and 2026, and a 2026 Iowa bill to make kava Schedule I, did not pass.
Sources
- Kava, drug fact sheet (April 2026), U.S. Drug Enforcement Administration, Diversion Control Division
- 21 CFR Part 1308, schedules of controlled substances, eCFR, National Archives
- Consumer advisory: kava-containing dietary supplements may be associated with severe liver injury (March 25, 2002), archived, U.S. Food and Drug Administration
- Post-market determinations that the use of a substance is not GRAS: kava, U.S. Food and Drug Administration
- GRAS determination for 'awa (kava) beverages (2024), Hawaii State Department of Health
- Letter on kava and other dietary supplement products, Arizona Department of Health Services
- Consumer facts: kava, California Department of Public Health
- MDARD advises consumers and food industry of harmful unapproved ingredients (May 15, 2025), Michigan Department of Agriculture and Rural Development
- SB 994 (2026), bill history, The Florida Senate
- HF 2159 (91st General Assembly), bill history, Iowa Legislature
Each source was last read on November 5, 2026. Laws and rules change; check the source for the current text.