Is Kava Legal in the US? A State-by-State Guide to Legal Kava Use

Kava (Piper methysticum) is a root-based botanical traditionally prepared as a beverage in Pacific Island cultures. In the United States, it is sold as a dietary supplement in powders, capsules, and ready-to-drink beverages. It is legal in most of the U.S., but there are conditions in some states. 

At the federal level, kava is generally permitted when marketed in compliance with supplement regulations, but state and local rules can differ. Some jurisdictions impose age restrictions, labeling requirements, or rules for on-premise kava bars. 

This guide provides a plain-English explanation of federal and state frameworks, a state-by-state overview, and practical advice for buying and traveling responsibly with kava.

Quick Answer

Is kava legal in the US? Generally, yes, at the federal level. It’s generally sold as a dietary supplement and is subject to the same regulatory rules. However, state and local laws vary. Some states or municipalities may set age limits, require permits for kava bars, or impose labeling conditions.

Travelers and consumers should always confirm the most recent rules through official state sources before buying, serving, or carrying kava.

Disclaimer: This article is for general information only and is not legal advice. Laws change quickly. Always check official sources or consult an attorney for specific guidance.

How Kava Is Regulated (Federal vs. State)

At the federal level, kava is regulated as a dietary supplement. This means it must comply with the Dietary Supplement Health and Education Act (DSHEA). This is an FDA framework that governs supplement labeling, manufacturing, and marketing. Under these rules, products must avoid disease claims, follow good manufacturing practices (cGMP), and list ingredients accurately.

States, however, have the authority to set their own conditions. Common examples include:

• Age restrictions: Some states require buyers to be 18 or 21.

• Retail rules: Shops may need to follow signage, labeling, or sales limitations.

• On-premise permits: Cities may regulate kava bars the same way they do alcohol-free lounges. Permits, age checks, or zoning compliance may be required.

Laws around new industries like kava bars can change. Rely on your state's statutes or health department websites for the most accurate information.  

Learn more about the AKA cGMP standards. Real Botanicals applies all these same high standards to our noble kratom and kava shot infusions. 

Kava Laws by State

Kava is a dietary supplement. But states and localities have the authority to regulate how it can be sold, labeled, or consumed. 

Below is a state-by-state overview. Laws are updated often, so use this as a guide. Confirm details with state or municipal health departments before buying or traveling with kava.

States set their laws based on public safety objectives. These are heavily influenced by the FDA and other federal agencies. See the NIDH overview on Kava safety data.   

Kava Legality By Region

• Northeast – Kava is generally permitted across the Northeast. Most states allow sales as dietary supplements, and local kava bars operate under standard food or beverage permits. Age restrictions are typically set at 18+, but always verify with local regulations.

• South – Kava is widely available in Southern states. Most are permitted under federal supplement law. Some municipalities regulate on-premise service, age limits, or signage requirements for kava bars.

• Midwest – Kava is legal across the Midwest, with no significant statewide bans. Retailers and kava bars may implement 18+ age policies, and local food service regulations apply to on-premise service.

• West – Western states generally permit kava sales and use, including online. Local laws may govern kava lounges or cafés, and city-specific permits may influence operation.

If you are interested in Kratom + Kava shots, you’ll also need to look into Kratom Legality in your area. 

Kava Bars & On-Premise Service

Kava bars are a unique element of kava culture in the US. These venues serve prepared kava drinks in a social, alcohol-free setting. While kava itself may be legal in most states, local authorities can regulate how and where it is served.

Common Local Requirements

• Permits or licenses similar to those required for cafes or juice bars.

• Operating hours that may mirror alcohol-free lounges.

• Age checks to restrict service to 18+ or 21+, depending on the jurisdiction.

• Signage disclaimers noting that kava is not alcohol and should not be mixed with certain medications.

Because city ordinances can differ even within the same state, confirm municipal codes before opening or visiting a kava bar. Use our store locator page to find the best kava near you! 

What’s it like at a kava bar? Here’s a real look at the kava bar social scene.

Buying Kava Online: Quality & Compliance

For many consumers, the easiest way to access kava is through online retailers. Federal law allows online sales of kava. But, responsible buying requires attention to product quality and compliance.

A trustworthy kava product should come with these certainties:

Quick COA & GMP Checklist for Kava

• Verified Species – Confirms product is Piper methysticum.

• Kavalactone Profile & Contaminant Testing – Amount of active compounds, measured in percentage or milligrams. Screening numbers for microbes, heavy metals, solvents.

• GMP Certification – Manufactured in a facility following good practices.

• Clear Labeling – Serving info, warnings, no unapproved claims or undisclosed additives.

• Noble Cultivar Disclosure – Optional, but recommended for transparency.

Avoid products with vague labeling, undisclosed ingredients, or medical promises. Consumers should prioritize vendors who are transparent about sourcing noble kava cultivars. These are the ones recognized for traditional use. Noble kava varieties also provide a more pleasant experience with fewer side effects. 

If you’re already taking kratom but aren’t familiar with kava, see how kratom and kava compare. If you’re ready to start looking for high-quality suppliers, see our detailed list for discovering the best 7oh vendors.  

Traveling with Kava (Domestic Tips)

Domestic travel with kava is generally lawful, but preparation helps avoid delays. Kava powders and capsules can be carried in both checked and carry-on luggage. Liquids, such as bottled kava drinks, must follow the TSA liquid rule: 3.4 ounces (100 milliliters) or less in carry-on, with larger amounts stored in checked baggage.

Recommended Read: Best kava kratom drink recipes 

Packing Tips

• Keep kava in its original, labeled packaging.

• Carry proof of purchase or a COA for added clarity.

• Store powders in airtight containers to avoid spills.

• Limit quantities to personal-use amounts to reduce scrutiny.

International travel presents greater risks. Many countries classify kava differently, and some impose outright bans. Before flying abroad, travelers should consult the embassy or customs website of their destination. When in doubt, it is safest not to bring kava across international borders.

If Kratom + Kava are both legal where you’re heading, our little red bottles travel well! Check out the 150mg Mood Boost kava kratom shot everyone’s talking about!

Is Kava Legal in the US FAQs

Is kava legal in all 50 states?

Kava is generally permitted nationwide, but states and localities can impose their own rules. Some may set age restrictions or regulate kava bars. Always check your state’s official sources.

Are kava bars legal where I live?

In most states, yes, but city and county ordinances may require permits, age checks, or specific operating conditions. Verify locally before visiting or opening a bar.

Can I buy kava online and ship across state lines?

Yes. Kava can be sold online and shipped in the US, provided the products comply with federal supplement laws. Local rules at the delivery address still apply.

How old do you have to be to buy or drink kava?

This varies by state. Some set age limits of 18+ or 21+, while others have no specific age rules. Retailers often adopt 18+ as a safeguard. Use this list to find the best kava drinks near you. 

You can also try brewing kava tea right at home!

Can I travel with kava on a plane in the US?

Yes. Powders, capsules, and compliant beverages can be carried on domestic flights. Liquids must follow TSA rules. International flights require extra caution.

What should be on a kava COA?

A complete COA should verify identity (Piper methysticum), confirm the kavalactone profile, and test for contaminants such as microbes, heavy metals, and residual solvents.

Are flavored kava drinks regulated differently?

If marketed as dietary supplements, they are subject to the same federal rules. Local ordinances may add conditions for bars or retail venues that serve ready-to-drink products. Shop our 375mg Maxium Mood Boost kratom kava shot! 

Final Notes

So, is kava legal in the US? At the federal level, yes, when sold as a compliant dietary supplement. But state and local laws can vary, especially for age limits and kava bars. The best approach is to rely on official statutes and agency websites for the latest rules.

Real Botanicals supports transparency and safety in the kava industry. Our commitment to offering the best kava and kratom products ensures that consumers can enjoy kava responsibly.