H.F. 2159 Section 1. Section 124.204, subsection 9, Code 2026, is 1 amended by adding the following new paragraph: 2 NEW PARAGRAPH . w. Kava, meaning any parts of the plant 3 piper methysticum, whether growing or not, as well as synthetic 4 equivalents of the substances contained in the plant, and 5 any compound, manufacture, salt, derivative, mixture, or 6 preparation of that plant. Other names: Ava, intoxicating 7 pepper, kawa kawa, kew, sakau, tonga, yangona. 8 EXPLANATION 9 The inclusion of this explanation does not constitute agreement with 10 the explanation’s substance by the members of the general assembly. 11 This bill designates kava as a schedule I controlled 12 substance. 13 A person possessing kava is guilty of a serious misdemeanor 14 for a first offense. A person who commits a subsequent 15 violation is guilty of an aggravated misdemeanor. A person who 16 has previously been convicted two or more times is guilty of 17 a class “D” felony. A serious misdemeanor is punishable by 18 confinement for no more than one year and a fine of at least 19 $430 but not more than $2,560. An aggravated misdemeanor is 20 punishable by confinement for no more than two years and a fine 21 of at least $855 but not more than $8,540. A class “D” felony 22 is punishable by confinement for no more than five years and a 23 fine of at least $1,025 but not more than $10,245. 24 -1- LSB 6186YH (2) 91 as/js 1/ 1