Pubdate: Wed, 29 Nov 2000 Source: Record, The (CA) Copyright: 2000 The Record Contact: P.O. Box 900, Stockton, CA 95201 Fax: (209) 547-8186 Website: http://www.recordnet.com/ Author: Nancy Price, Record Staff Writer S.J. ATTORNEY SUCCESSFULLY DEFENDS TEA DRINKER Consuming kava tea and then going for a drive in San Mateo County can get you busted for driving while under the influence. The San Francisco Peninsula county has already put one Polynesian driver on trial and is preparing to prosecute another. But Stockton attorney Scott Ennis, who successfully defended Taufui Piutau, a 47-year-old San Bruno resident, says the kava prosecutions are misguided and racist, targeting Pacific Islanders whose culture includes a ritualistic consumption of kava. Kava is a Polynesian plant that has gained popularity around the world as an herbal supplement that helps reduce anxiety and sleeplessness. The plant's effects have been compared to the effects of prescription tranquilizers such as Valium and Xanax. Among natives of the South Pacific's Tonga Island, kava tea is consumed at weddings, funerals and other special occasions, said Stockton resident Keleni Kulitea, 18. In the Bay Area, however, the kava klatches come more frequently, she said. "Down at San Mateo and Oakland, they do it every weekend; they use it to raise money (for fund-raisers)," Kulitea said. Kava tea consumption is tied to courtship on Tonga Island, giving boys the excuse to visit girls and get to know them better while being served kava tea, she said. Kulitea said she was surprised to hear that kava drinkers have been arrested for driving under the influence. "I never heard of that. They must drink a lot," she said. "Kava, it takes a lot for you to get that drunk." Tongans don't drink kava to get drunk, however, Ennis said, noting that kava tea "tastes like dirt, with a little malted milk thrown in. "They're (San Mateo County prosecutors) trying to say these people abuse it, they drink it to get high," he said. "But it tastes so lousy, it's much better to drink a beer or a shot of whiskey." Ennis said he demonstrated kava tea's effects recently when he drank about a dozen "big cups" over a five-minute period. The feeling of relaxation and euphoria went away after about 15 minutes, however. "There's no way this stuff stays in your system long enough to create the impairment they want," he said. San Mateo County prosecutors disagree and have decided to charge a second Tongan with driving while under the influence of kava tea, even though the county's prosecution of Piutau -- said to be the first in California -- ended in a mistrial last month after jurors deadlocked 10-2 in favor of acquittal. San Joaquin County and Stockton law enforcement officials say there have been no claims of kava impairment for motorists arrested while driving under the influence. Kava, which can be consumed in pill, extract or tea form, has been the subject of several scientific studies, including one at University of the Pacific in Stockton. In a 1998 double-blind study, about 100 subjects took kava or a placebo for a month, said Roger Katz, a UOP psychology professor who directed the study. Over time, the subjects who took kava reported less anxiety and fewer daily hassles than the group taking the placebo, Katz said. There was no difference reported between the subjects who took higher doses of kava compared with the lower-dosed subjects, he said. "We found the effects were gradual and not immediate. It was like you had to build up a certain amount," Katz said. "It took at least seven to eight days before you saw much effect. "One of the differences between kava and more traditional tranquilizers, they work quickly. With Valium or Librium or Xanax, you know you've got it in half an hour, but with kava in the recommended dosage, it's very, very subtle." The Mayo Clinic recommends that kava not be taken with sedatives, sleeping pills, antipsychotic medication, alcohol, Xanax or prior to surgery. Side effects of kava can include gastrointestinal and liver problems, skin rash and yellow discoloration of skin, hair and nails. Kava is a steady seller but not a top item at Artesian Health Foods in Stockton, and most customers buy it to reduce nervousness or combat insomnia, manager Mike Newton said. Taken in smaller doses, kava should not have an intoxicating effect, Newton said. "It's not that strong," he said. "My feeling is that the people that are driving erratically, who were impaired, they had to have taken quite a bit." The Tongans do consume large amounts of kava tea, but it's generally spread out over a number of hours in a lengthy social ritual, Ennis said. "The custom of their homeland is to use kava because it gives them heightened mental acuity and focus, without negative aspects. Usually they sit in a circle with their legs crossed, around a ceremonial tooled wooden bowl. "They sit in a circle with their legs crossed, which makes your legs ache. The effects of the kava relieves the ache. It becomes a test of endurance, who can sit the longest without getting up, who can still sit cross-legged and conduct cultural and religious discussions." - --- MAP posted-by: Jo-D