Police will seize any kava brought to next week's Multicultural Festival after an ACT Government cultural exemption request was denied.
The Therapeutic Goods Administration has rejected the Government's submission, which called for the national scheduling committee to relax restrictions to allow kava use for traditional ceremonies.
But a spokesman for a group lobbying for the root's legalisation in cultural ceremonies says Pacific Islanders are considering a High Court appeal after kava was declared a prescription-only drug in 2004 because of concerns about substance abuse in some Northern Territory indigenous communities.
An exemption was made for aqueous kava extracts used for cultural purposes but revoked in 2008. Drug scheduling decisions made by federal authorities are automatically adopted under ACT law so there is a discrepancy between Commonwealth and territory laws; people may import up to 2kg of the raw kava root for personal use under Commonwealth Customs law. But its use is restricted under territory medicines law, so users need a prescription to consume kava legally.
ACT Policing warned that selling, suppling or donating kava at the Multicultural Festival could end with a five-year jail term.
''You may face criminal charges which could result in a maximum of 500 penalty units, imprisonment for five years or both,'' a spokeswoman said.
''If a person is found to be carrying kava at the Multicultural Festival, the kava will be seized unless you are authorised to carry the kava as per the Medicines, Poisons and Therapeutic Goods Act 2008, and you may face criminal charges.''
Canberra Tongan community leader and spokesman for the Australian Kava Movement Siosiua Lafitani Tofua'ipangai advocates the responsible use of kava for cultural and ceremonial purposes. He said the group would now consider legal action in the High Court.
''Certainly we are disappointed and I have contacted some of our kava movement members about our next step,'' Mr Tofua'ipangai said
''Because they cut it straight, there is no chance for us to compromise.''
Mr Tofua'ipangai said kava used in cultural ceremonies in the ACT was not as harmful as tobacco.
ACT chief health officer Paul Kelly said the Government would abide by the administration's decision but said the discrepancy in customs laws and use was problematic.
To legally consume kava, Canberrans need a prescription. However, Dr Kelly said he had neither given nor heard of doctors prescribing kava.
''It's a reaffirmation of an existing ruling by the TGA,'' Dr Kelly said.
''[Kava] in their view is a medication but the problem is that under customs law you can import 2kg for personal use, but under TGA law if you consume that without a prescription and if you share it with other people, that's illegal.''
The ACT Government is holding a public meeting about the administration's decision at the Theo Notaras Multicultural Building on February 8 at 6pm.
.gif)
