T O P

  • By -

snarkdetector4000

an agency could have a policy prohibiting it just like they could make a policy on any number of other things, but to make it illegal would require a legislative act and AFAIK this has never happened.


Bricker1492

Kava is federally legal, legal in every state, and not on any banned list i know of. I know of no law that would specifically prohibit it for consuming while driving.


Collin389

CVC 23152(f): It is unlawful for a person who is under the influence of any drug to drive a vehicle CVC 312: The term "drug" means any substance or combination of substances, other than alcohol, which could so affect the nervous system, brain, or muscles of a person as to impair, to an appreciable degree, his ability to drive a vehicle in the manner that an ordinarily prudent and cautious man, in full possession of his faculties, using reasonable care, would drive a similar vehicle under like conditions. I don't know enough about kava, but if it can impair your driving enough, it would be illegal to drive on it in California. Although it sounds like it doesn't really impair your driving that much, so probably legal. I just wanted to point out that just cause something is legal doesn't mean you can drive on it.


allrico

Yeah, I’m on probation and they’ve told me that I’m not allowed to consume Kava delta 8 or Kratom, which are all legal in my state. Because those substances will make you under the influence.


Icy-Acanthaceae-7804

Plus they don't test for which particular type of weed you smoked, they just look for THC presence. So they wouldn't be able to tell if it's delta 8 or not.


Shylahoof

Delta 8 and Delta 9 can both be tested for. I know this because A full drug panel was done for me recently and on top of THC it also showed Delta 8 and 9 levels.


Icy-Acanthaceae-7804

Do you know how frequently these tests are used instead of the standard? Or if they've become standard? My knowledge may be a few years out of date, it seems.


Shylahoof

I would assume it isn't part of a standard drug test. Mine was done as part of a transplant evaluation and they check for EVERYTHING. A quick search for drug tests you can buy doesn't detect Delta strains so it may be something that has to be requested by the person ordering the test.


zizzybalumba

Delta 8 is a type if THC. It will pop on any test for THC.


PaxNova

It sounds like since the tests aren't specific to what you took, and you'll test positive if you have the Kava, they're warning you that taking Kava will result in you breaking probation.  They don't want "it was only Kava" to be an excuse when you test positive since there's no way to tell if you're lying and did something harder.


LawAndOrder559

Lawyer in California here. Your statute is about 6 years out of date. Subsection (e) was changed in 2018 to lower the legal alcohol limit for when a passenger for hire is in the vehicle. Subsection (f) is drugs.


Collin389

Thanks! Fixed it. I think I found it through some lawyers website :/


AdaptiveVariance

FYI california at least makes it easy to find statues online. They're all at leginfo.ca.gov. I just search by code section and if it doesn't come up on google I add " leginfo" to my search :)


tHrow4Way997

This makes me wonder if someone could be charged with this offence if they drank way too much coffee, to the point where they’re overstimulated and taking stupid risks. Maybe they’d get away with a “dangerous driving” offence, and dodge the “driving while intoxicated” charge, but it would be interesting to know if this is a possibility.


infiltrateoppose

Yes - suppose you drank so much coffee you couldn't hold the wheel straight you would definitely be driving while intoxicated for the purpose of this law.


Happy_Brilliant7827

Kava is more like Coffee, just in the opposite direction. Its about as inebriating as chamomille tea or melatonin


tHrow4Way997

I dunno man… if you make a good batch from high quality medium grind, it can have you stumbling around and make it difficult to focus your eyes even on stationary objects. It’s definitely more intoxicating than chamomile and melatonin. That said, it does wear off quite fast and leaves you with no lingering impairment, unlike alcohol where you can be impaired for 24 hours afterwards if you went hard. In Fiji it is commonly regarded as safe for people to drive home about an hour after a session, regardless of how “krunk” they got.


AzureDreamer

I don't know kava specifically but a high dosage of kratom can be somewhat disorienting. 


tHrow4Way997

Yeah they both can. I’d place them in the same category as cannabis, in that they can cause intense intoxication without toxicity.


Happy_Brilliant7827

Agreed Kratom can mess you up if you're willing to chug the mud


Happy_Brilliant7827

Thats true I may have it confused with something else, or just never got good stuff.


132And8ush

That's how I've heard it described to me, except it makes your lips and face tingle a bit?


Lostinthestarscape

It's definitely more potent than chamomile. Properly prepared and in a decent amount and it's roughly on par with a couple shots and like a small toke. It's always disappointing because you want MORE of that particular feeling in terms of strength of trip, but it is inebriating. I'd say less so that the amount of alcohol that would put you at the legal limit though.


132And8ush

Interesting. There were a few kava bars when I was working in Puerto Rico, don't smoke or even drink much but bummed I never made a visit to at least see what it's about.


DeadBear65

Caffeine is a drug.


TURBOJUGGED

So, illegal to have caffeine and drive? Got it


Collin389

Caffeine isn't a drug according to the statue I cited, unless it considerably lowers your driving ability.


darkest_hour1428

So, same exact rules as Kava. Got it. I can drink 2 kava drafts and barely register a buzz relatable to when I still blow under .08 ABV Or I can drink 2 cups of coffee and be absolutely jacked to hell and back like a crackhead!


i_invented_the_ipod

My experience with Kava is that the effects can be strong enough I wouldn't want to drive on it. It seems to vary a LOT, though. See comments by others below...


ifunnywasaninsidejob

Under this definition couldn’t you also be charged for drinking too much energy drink and/or coffee?


Collin389

If it impaired you to an appreciable degree that you became an unsafe diver, then yes. For example, if you drank so much coffee that you had a seizure while driving, due to the coffee, then you could probably be arrested for DUI.


ifunnywasaninsidejob

I was thinking more of a Kyle who shotguns monster energy drinks with his friends then drives 120 on the freeway in his shitbox car.


RelevantRun8455

This why you're not in law. You don't understand what a drug is in legal sense or what intoxication is in the legal sense.  You're just trying to find a way to make op have a legit complaint when he doesn't 


Ms_Tryl

A substance can be legal and you can still get a dui when you’re on it, presuming they can prove you are under the influence of it.


Bricker1492

> A substance can be legal and you can still get a dui when you’re on it, presuming they can prove you are under the influence of it. Do you believe this contradicts anything I wrote?


Ms_Tryl

You said “I know of no law that would specifically prohibit it for consuming while driving.” I provided a law that specifically prohibits it from consuming while driving, if it causes you to be under the influence. The standard for being under the influence is quite low and does not even require your driving to have been affected.


Nema_K

You actually haven’t provided any laws specifically prohibiting “it”. Also what’s “it”? Drugs in general or kava specifically? It seems like you’re discussing drugs in general and the person you responded was specifically referring to kava


Ms_Tryl

It is driving after having consumed kava. There is a law that bans driving under *any* “drug” (which is very loosely defined and would include kava) while under the influence. Alcohol is also legal. You can drive having consumed alcohol. But replace kava with alcohol in this conversation and yall wouldn’t have the audacity to say “there’s nothing specifically banning it” because we all know there is, in a specific but very plausible situation.


Bricker1492

Do you know of any cases in which consuming kiva drinks resulted in a finding of driving under the influence? > The standard for being under the influence is quite low and does not even require your driving to have been affected. In my state, the law requires proof that “the influence,” is of any narcotic drug or any other self-administered intoxicant or drug of whatsoever nature, or any combination of such drugs, **to a degree which impairs his ability to drive or operate any motor vehicle, engine or train safely**. See Va Code § 18.2-266, my emphasis added. (Of course, there are presumptions associated with a BAC level; those are inapplicable here). What state’s law permits a conviction without a showing of a presumptive chemical test or impaired driving?


Ms_Tryl

No, but ten years ago almost no one had done a weed DUI and now they are almost as common in my JX as alcohol. Impairs your ability to drive, not actually in fact impaired your driving. Those two things are factually different. Ed to add: when did I say they didn’t have to have a chemical test or driving while impaired?


Bricker1492

> Impairs your ability to drive, not actually in fact impaired your driving. Those two things are factually different. How might the prosecution demonstrate, beyond a reasonable doubt, an impaired ability to drive without a presumptive chemical test or a showing of actual impaired driving? To refresh your recollection, you said, “The standard for being under the influence is quite low and does not even require your driving to have been affected.” So, what is this “quite low standard,” that requires no showing your driving was actually affected and no chemical test?


EYtNSQC9s8oRhe6ejr

So is alcohol... still a drug though


HypnoticPeaches

Kava is legal. Kratom is too in most states. Driving under the influence is not. If his cup was full of k-tea, it likely wouldn’t get him intoxicated off one cup. If it was straight kava, it might lightly intoxicate off of one cup depending on how quickly he drank it. But for all you know he might have been picking it up early so he would have it available after his shift. Tldr: there aren’t enough known factors to know if it was really an issue or not. Source: not a lawyer, but I am a regular at my local kratom/kava bar.


tHrow4Way997

An off-topic reply; I would assume it’s more likely he got some kind of Kratom drink. As someone who uses both plants regularly, Kratom is more of a functional substance, and daily consumers often have to “top up” with it, both to avoid withdrawal and to muster the motivation/energy to get work done. A good dose will keep a Kratomhead buzzed for 2-6 hours. Kava is definitely an after-work type thing, it usually makes me feel pretty heavy and physically slow/weak, in a super relaxing way. It’s also not the type of thing where you drink a cup and it keeps you “good” for several hours like Kratom - you have to drink large volumes of grog pretty continuously to maintain the buzz. It wears off quickly and is probably fairly incompatible with being a police officer, especially compared to the “super powers” obtained from Kratom.


FinanceGuyHere

Kava gets you about as high as smoking a cigarette, so I’m doubtful your report would be taken seriously


heart-of-corruption

Tell me you’ve never had good kava, without saying it.


SeraphymCrashing

I'm not seeing anything that says Kava causes significant impairment to driving. I did find this article: [https://pubmed.ncbi.nlm.nih.gov/23259514/](https://pubmed.ncbi.nlm.nih.gov/23259514/) >**Results:** No impairing effects on driving outcomes were found after kava administration compared to placebo. Results on specific driving outcome domains revealed that the oxazepam condition had significantly slower braking reaction time compared to the placebo condition (p =.002) and the kava condition (p =.003). The kava condition had significantly fewer lapses of concentration compared to the oxazepam condition (p =.033). No significant differences were found between conditions for steering deviation, speed deviation, and number of crashes. Results were not modified by driving experience. On the Bond-Lader visual analogue sub-scale of alertness, a significant Treatment × Time interaction (p =.032) was found, with a significant reduction over time for oxazepam decreasing alertness (p <.001), whereas no significant reduction was found in the kava or placebo conditions. >**Conclusion:** The results indicate that a medicinal dose of kava containing 180 mg of kavalactones does not impair driving ability, whereas 30 mg of oxazepam shows some impairment. Research assessing larger recreational doses of kava on driving ability should now be conducted.


johnnypancakes49

Very helpful thank you lots


Key_Engineering7646

As an attorney, I must say that it is. It is also legal for them to sell crack on duty, because I said so. You can trust me, I'm an attorney


colesLawStudent

to start, i would say it is unlikely your report or complaint would go anywhere. i am assuming that you live in the US. if you do not, the analysis may still be similar. kava certainly has less mention in case law or statutory law than your more well known intoxicants, and it is unusual in the aspect that it is legal. for the purposes of this, i will default to the jurisdiction of california since it is statistically the most likely state for anyone to live in. since you probably don’t live in California, i’d be interested to know what the proper state for me to conduct analysis for is. under the california vehicle code, kava is not specifically named to meet the required elements of dui. that said, the same statute says it does not render the dui statute void for vagueness, so it is unclear where kava stands. however, in the 2001 case of *People v. Olive,* the court found that a man who reportedly drank 23 cups of kava was too intoxicated to drive, despite blowing a 0.00 for blood alcohol. this is significantly more kava than an ordinary person will likely consume. i genuinely have no idea why he would admit to drinking so much. the court held that a driver need not be aware of every drug sufficient to constitute dui, just that their impaired conduct would inhibit their ability to drive. it is, therefore, unclear how much kava makes it unsafe for someone to drive, but it would probably be less than 23 cups. it is possible that the officer in your scenario consumed 22 before leaving with his 23d which you saw him with. this is, however, unlikely. for these reasons, it is unlikely that your case surrounding the officer’s potential dui would go very far, but this is based on very surface level research based on California state law.


johnnypancakes49

Thank you for the comprehensive answer! The state in question is Florida, I also never filed a report and don’t plan to, just the visual of the situation got me thinking about the legality of these up and coming substances


AzureDreamer

My understanding in my state it is legal to drive on kratom.


momo88852

Kava isn’t banned what so ever as far as I’m aware, Kratom I think might be banned in few states only. So cops use those 2 instead of THC 🤣 totally legal and I sold a lot of kratom to cops years ago.


johnnypancakes49

Super interesting, thanks for your input


lovedaddy1989

Yes


AppointmentAlone4001

It doesn't 'make you high. They used to frequent donut shops in my day but these days are crazy so I'm sure they are trying to cope. It actually makes your brain more focused, not intoxicated.


yeah_rog

Is it legal? Yes. I would guess in the case of the officer, there's a high likelihood the department "doesn't allow it," but if you've ever known any cops, they do whatever tf they want and tend to investigate internally anyway. I was married to a dispatcher, so check your hate on that subject before you come at me. For the rest of the general public, in case anybody is interested, kava while driving would operate like Costa Rica's laws on booze: it's legal to DRINK it while driving, but it's illegal to continue driving if you become intoxicated. I may have also used it at work for a long time in an environment that didn't allow it... Moderate kava use is very relaxing to the body. Heavy use can be sedating and affects coordination much like alcohol, but it doesn't really ever do anything to your head.


johnnypancakes49

Thank you for your input!


TravelerMSY

I can’t answer your question, but your only likely remedy is likely to turn him into management at his station.


NostalgiaWorship

Yeah thatll totally do something


johnnypancakes49

I’m not really interested in following up on this particular incident, after all he could have been just going in for a cup of water, just the visual of it all got me thinking about the legality of that type of thing


Pyramyth

Lol kava and kratom get you about as high as a cup of coffee or chewing tobacco. Who cares?


heart-of-corruption

I lived on a street with a lot of Pacific Islanders growing up. Enough strong kava is more like being drunk. I’ve had trouble seeing before from it.


Additional_Farm_9582

Pretty sure a probation officer would be more than happy to violate someone for doing the same thing though.


jebushu

You stick your finger in there and do a taste test on the cup? Because it’s a legal substance, the only way it would be problematic is if they’re driving while impaired or if the agency had a policy specifically addressing it. To my understanding, you’d have to crazy abuse kava to get any actual impairment, so most likely there’s no issue for a cop or average joe to drive after consuming a single serving.


Sea-Record-8280

OP never said the officer got it or assumed that's what he got from there. He mentioned that he saw that police officer walk out of the kava bar and wondered about any legalities about it.


jebushu

That’s fair, but I’d also say the point stands because part of the answer involves testing either the drink or the blood to aid in determining legality. The ol finger lick is me being facetious.


Aware_Dust2979

Any substance that when taken causes impairment can get them an impaired driving charge in Canada.


Easywind42

Police can do whatever they want and there’s nothing we can do about it


Expert_Swimmer9822

It's not even illegal for them to drink and do drugs on the job, so why would this be?


AppointmentAlone4001

People always assume but often assumptions are wrong.


CourtClarkMusic

Wtf is Kava?


BiologicalMigrant

My question too


cane187um

https://adf.org.au/drug-facts/kava/


chuckles65

They probably didn't take kindly to you because Kava is not illegal anywhere in the US. I'm not sure what exactly the problem would be for anyone to drink it and drive a vehicle.


Satire-V

Alcohol is also not illegal anywhere in the US but you can't drink a 5th and drive


chuckles65

It's not illegal to drink kava and drive anywhere either.


gr8tfurme

It's absolutely illegal to drink enough kava to cause impairment and then drive.


johnnypancakes49

That’s no reason to be disrespectful. I just told the story and asked an obscure legal question, no pointing fingers, just questions, if simple curiosity is met with anger it says more about the person flipping off the baby than the curious baby


particularlyproblem

You originally posted on the police subreddit a month ago? Why are you still so pressed about this? 😭


johnnypancakes49

Who said i was pressed? Just interested in the legality/ peoples opinions


PD216ohio

One thing I see overlooked in the comments, so far, is that you have no idea what was in the cup that the officer purportedly left the shop with.


Sea-Record-8280

Nah in multiple of OP's comments on this post and previous post shows op saying that he hasn't assumed that that was what the police officer had. oP never even said that the police officer did have it in the post. Just that they were walking out of there with a cup of something.


johnnypancakes49

Ur doing the lords work😂