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Kava use
concerns lawmen

Prosecutors and police believe
it impairs drivers just
as alcohol does

---

By Jean Christensen
Associated Press

The growing popularity of the South Pacific elixir kava has law enforcement officials concerned about those who take to the road after drinking it.

The herbal root known as "awa" to Hawaiians is billed as a natural treatment for anxiety and insomnia.

But prosecutors on the mainland and in Hawaii are concerned that kava relaxes drivers so much they can lose control behind the wheel.

The San Mateo County, Calif., district attorney's office plans to prosecute a man accused of driving after drinking nearly two dozen cups of kava.

The office dropped its first kava DUI case this month after a deadlocked jury voted 10-2 in favor of acquitting the defendant. The cases are believed to be the only ones of their kind in California, and among the first nationwide.

Tea made from powdered kava root has long been used in cultural and religious ceremonies by immigrants from Tonga, Fiji, Samoa and other South Pacific islands, as well as by Hawaiians.

Now, with its reputation as a natural alternative to muscle relaxers and anti-anxiety medicine, kava capsules, tablets and liquid are among the top-selling herbal remedies in the United States.

A growing fear of impairment

Kava is not an illegal narcotic under Hawaii law, and there is no identifiable movement to ban the substance, according to Keith Kamita, administrator of the state Narcotics Enforcement Division.

But with kava bars proliferating here and on the mainland, he said officials are increasingly concerned about drivers who are under the influence of the herb.

"Kava does have a sedating effect, especially when taken in the raw form from the root, and may cause a person to fall asleep while on the road or act as if they are intoxicated, similar to as if they are on liquor," he said.

But Honolulu Deputy Prosecutor David Sandler said Hawaii law does not explicitly ban driving while under the influence of kava. Nor is Hawaii one of the roughly 40 states that bans any substance that impairs a person's ability to drive.

Bills that would add Hawaii to that list of states have died in the Legislature in the past two years, Sandler said.

"If you abuse kava, it's the same thing as abusing alcohol. The difference is, in Hawaii we can't prosecute it."

No yardstick for the problem

Sandler said he does not know of any specific cases of drivers getting into trouble after drinking kava. But he said it is hard for police to gauge the extent of the problem because kava is not among the substances authorities test for when a person is suspected of driving under the influence.

"There have been times where we've had negative test results and we've wondered what the person was on," Sandler said.

Carol McNamee, national vice president for public policy for Mothers Against Drunk Driving and a member of the MADD Hawaii board, said the group supports the law change sought by the prosecutor's office.

"Any substance that impairs driving is of concern to MADD, and so we would hope that anyone who is consuming kava would abide by these same types of recommendations that we put forth for alcohol and other drugs," she said.

That means arranging for a designated driver before consuming kava, McNamee said.

Jason Keoni Verity, owner of the Honolulu kava bar Hale Noa on Kapahulu Avenue, said he discourages customers from drinking kava if they do not have a designated driver, and does not serve anyone under age 20.