In the second case of its kind, San Mateo County will attempt to prosecute a driver who was "drunk" on Kava Tea, a plant used in teas, tinctures, and pills primarily as a muscle relaxant and stress reliever. The first case, tried in court about a month ago was dropped after a hung jury rendered a 10-2 verdict in favor of acquitting San Bruno resident Taufui Piutua on charges of drunken driving. Piutua's case was recently dismissed and will not be retried.
But the District Attorney's office will try again next month in a case against East Palo Alto resident Sione Olive, who is accused of driving after drinking approximately two dozen cups of kava tea, according to Rachel Holt, deputy district attorney. If the driver is found guilty he would be charged with a DUI and would most likely face a fine and time in county jail, San Mateo District Attorney Jim Fox said.
"We are not using the lack of a result in the previous case as a standard for other cases," Fox said.
Despite the acquittal of Piutua last month, prosecuting attorney Holt said she hopes the jurors for this case will do their job and listen to evidence that she thinks will render a guilty verdict.
"I will present evidence which proves he was driving while under the influence," Holt said. "The police pulled him over because he was swerving and because there was a specific driving pattern which indicated they should stop and investigate further."
Defense attorneys argue that since Kava is not specifically prohibited and labeled a drug in the penal code, driving after consuming it is not a crime.
The matter is confusing, Fox said, because the penal code does not clearly say what is included as a drug. "I would suggest that it is a crime," Fox said. "The penal code says that a drug is any substance which could affect the nervous system and impair a person to drive a vehicle."
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Fox contends that kava is included in this description of a drug. "It's not against the law to drink kava but it is against the law to operate a vehicle while impaired," he added.
Manufacturers realize kava could impair people, Fox said. "It's like Sudafed, which makes people drowsy." But he added he does not recall any similar cases concerning Sudafed coming through the courts.
These cases are believed to be the only ones in California and among the first in the nation.
Kava is a member of the pepper family and has been used by South Pacific societies for more than three thousand years. It is primarily used in the United States as a muscle relaxant and a stress reliever but has been used in other societies to treat various bacterial ailments.
Danelle Street, who specializes in supplements at a Burlingame health food store said kava is popular among customers of the store. About 10 people come in per week to buy the supplement, she said. The Federal Drug Administration currently has no regulations for Kava.
There are no documented side affects from kava when it's taken in the recommended daily amount of 180 mg to 210 mg. If a person took more than was suggested it might have more of an effect, Street said. She added she would not drive a car after drinking kava tea but that it effects everyone differently. "Some people are sensitive to it," she said. "It is a muscle relaxant but you are still fully coherent," she said. "Your mind is not cloudy at all."
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