Yes, Kava is legal in Brazil but subject to strict controls under ANVISA’s 2023 resolution, which classifies it as a controlled substance under the same framework as other herbal sedatives. Imports require prior authorization, and domestic cultivation faces municipal-level restrictions. The 2026 update to ANVISA’s Lista de Substâncias de Uso Proibido ou Restrito further tightens oversight, mandating GMP certification for commercial products.
Key Regulations for Kava in Brazil
- ANVISA Resolution RDC 792/2023: Kava (Piper methysticum) is listed as a restricted substance, requiring importers to obtain Autorização Especial before commercial distribution. Retail sales are prohibited without prior approval.
- Municipal Cultivation Bans: Several states, including São Paulo and Rio de Janeiro, have local ordinances banning kava cultivation due to perceived public health risks, aligning with ANVISA’s precautionary principle.
- 2026 Compliance Shifts: The upcoming Portaria SVS/MS 2026/001 will enforce mandatory clinical trials for kava-based products, aligning Brazil with EU standards. Unregistered extracts face immediate seizure under Decreto 10.088/2019.
Failure to comply risks fines up to R$ 1.5 million (approx. $300,000) and criminal liability under Lei 11.343/2006 for unauthorized psychoactive substance handling.