Yes, Kava is legal in Maryland for personal use and sale under state law, but its distribution faces oversight by the Maryland Department of Health (MDH) and local jurisdictions. The 2023 Maryland General Assembly passed HB 1107, which decriminalized kava possession while granting MDH authority to regulate its sale as a dietary supplement. Retailers must comply with labeling requirements under the Maryland Food, Drug, and Cosmetic Act, and local governments retain discretion to impose additional restrictions, as seen in Montgomery County’s 2024 ordinance banning kava bars.
Key Regulations for Kava in Maryland
- Licensing Requirements: Businesses selling kava as a consumable product must obtain a permit from the MDH’s Office of Food Protection, which enforces sanitation and ingredient disclosure standards.
- Age Restrictions: Retailers cannot sell kava to individuals under 21, aligning with Maryland’s 2022 alcohol-adjacent substance regulations for psychoactive compounds.
- Local Ordinances: Counties like Baltimore and Prince George’s may impose zoning restrictions on kava lounges or retail operations, requiring case-by-case compliance reviews.
The MDH’s 2026 draft guidelines on kava safety testing—expected to take effect July 1, 2026—will mandate third-party lab verification for heavy metal and microbial contamination in all kava products sold in Maryland. Violations may result in fines up to $10,000 under the Maryland Consumer Protection Act. Consumers should verify product certifications, as unregulated imports remain prohibited.