Yes, Kava is legal in Montana for personal use and sale under state law, but its retail distribution is subject to the Montana Department of Public Health and Human Services (DPHHS) food safety regulations. The 2023 Montana Legislature removed kava from the controlled substance list, aligning state law with the 2026 FDA guidance on kava-containing beverages. Retailers must comply with labeling requirements under the Montana Food, Drug, and Cosmetic Act, including accurate ingredient disclosure and adulteration prohibitions.
Key Regulations for Kava in Montana
- Licensing Requirements: Businesses selling kava products must obtain a Montana Food Establishment License from DPHHS, which mandates compliance with sanitation and storage standards.
- Age Restrictions: Retailers cannot sell kava to individuals under 18, as enforced by the Montana Department of Revenue’s tobacco/vape compliance protocols.
- Labeling Compliance: Products must include a disclaimer stating “Not for use by pregnant or nursing women” and adhere to FDA’s 2026 kava safety thresholds for heavy metals and kavain content.
Local health departments conduct routine inspections of kava retailers, with violations resulting in fines or license suspension. The DPHHS aligns enforcement with the 2026 FDA draft guidance, which classifies kava as a “botanical ingredient” requiring batch testing for hepatotoxicity markers. Montana’s 2025 legislative session introduced no additional restrictions, but future bills may revisit labeling or potency limits.