Yes, Kava is legal in Michigan for personal use and retail sale under state and federal law, provided it complies with the Michigan Liquor Control Commission’s (MLCC) beverage alcohol regulations and FDA guidelines. The 2023 Farm Bill exempted kava from the Controlled Substances Act, but Michigan’s 2026 regulatory framework requires strict labeling and testing for heavy metals to align with FDA’s 2024 kava safety advisories.
Key Regulations for Kava in Michigan
- MLCC Beverage Licensing: Kava products sold as beverages must obtain a liquor license under MCL 436.1105, as the MLCC treats kava-infused drinks as alcoholic beverages if alcohol is present. Pure kava root powder or capsules fall under the FDA’s dietary supplement regulations.
- Heavy Metal Testing: Michigan enforces FDA’s 2024 kava safety guidance, mandating third-party testing for lead, arsenic, and mercury. Products exceeding 0.5 ppm of lead or 10 ppm of arsenic are prohibited under MCL 286.221.
- Age Restrictions: Retailers must verify age 21+ for kava beverages via MLCC-approved ID scanning systems, per MCL 436.1217. Kava supplements face no age restrictions but require child-resistant packaging under FDA 21 CFR 210.3.
Local jurisdictions, such as Detroit and Grand Rapids, may impose additional zoning restrictions on kava retail establishments. The MLCC’s 2026 compliance bulletin emphasizes that kava products marketed for “relaxation” or “intoxication” are scrutinized for misbranding under MCL 286.223. Violations may result in fines or license suspension.