Is Ayahuasca Legal? Understanding the Legalities in Different Countries

APL Shamanic Journeys retreats blog

First of All, Is Ayahuasca Legal?

To tackle the legality question, let's first understand what ayahuasca plant is. It's a vine, Banisteriopsis caapi, found exclusively in the Amazon rainforest. It's revered by indigenous communities as the "Mother of all Amazonian Medicines." Typically brewed as a tea, ayahuasca can be made with just the vine or combined with another plant - Chacruna or Psychotria Viridis. Neither plant has psychoactive effects alone, but together, they create a brew with potent visual and spiritual side effects.
Chacruna (Psychotria Viridis) contains DMT, a powerful psychedelic molecule. Its presence in ayahuasca brews can affect their legality in different countries. Some nations allow ayahuasca for religious or ceremonial use, while others strictly ban it due to its psychoactive properties. Understanding these legal nuances is crucial for anyone working with or exploring ayahuasca globally.

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Legality of Ayahuasca
in the United States (US)

In the United States, ayahuasca's legality varies by state due to DMT classification as a Schedule I controlled substance.
Interestingly, while DMT is prohibited, the cultivation of the Ayahuasca vine itself, Banisteriopsis caapi, is allowed for ornamental purposes, adding complexity to the regulatory landscape.
In 2006, the Supreme Court ruled in favor of specific religious groups, such as the Uniao de Vegetal and Santo Daime, permitting their use of ayahuasca with DMT as an active ingredient in religious ceremonies under the First Amendment's freedom of religion. Additionally, each state may have its restrictions concerning ayahuasca, highlighting the need for individuals and organizations to navigate specific state government regulations carefully. It is crucial to read this article if you plan to do ayahuasca in the US.

Arizona

In Arizona, the legality of ayahuasca is complex and evolving. While DMT remains illegal for general use, recent court cases have challenged this stance, particularly in religious contexts. Churches like the Vine of Light Church and the Arizona Yage Assembly have sued the DEA to use ayahuasca in their ceremonies, with U.S. District Courts allowing these claims to proceed. However, outside of religious use, ayahuasca remains illegal in Arizona, with the legal landscape subject to ongoing changes and interpretations of religious freedom rights.

Florida

In the state of Florida, individuals seeking to participate in an ayahuasca ceremony legally within the bounds of the law must do so through specifically recognized religious groups. Independent brewing or possession of ayahuasca in Florida can potentially lead to legal consequences. In such situations, it is advisable to seek legal counsel to navigate the associated legal complexities.

California

In California, there are no specific government restrictions about ayahuasca, so "Iowaska" and its active ingredient DMT are regulated as Schedule I hallucinogenic controlled substances. This classification doesn't permit medical or religious exemptions, and possession, sale, or transportation of DMT can result in prosecution. However, navigating medical or religious defenses for DMT-related charges in California might reveal specific case law and legal precedents related to ayahuasca defenses.

Texas

In Texas, ayahuasca's legal status aligns with federal law, making it illegal due to DMT's classification as a controlled substance. However, the Supreme Court's 2006 decision in Gonzales v. O Centro Espirita Beneficente Uniao do Vegetal allowed specific religious groups like Santo Daime to use ayahuasca under the Religious Freedom Rights Act. Outside of religious contexts, ayahuasca remains illegal in Texas, reflecting the federal stance.

Is Ayahuasca Legal in Most of the Other US States?

Here you can find a short and visual summary with Ayahuasca legal status in different USA states.

Colorado;Decriminalized; In November 2022, Colorado passed the Natural Medicine Health Act, becoming the first U.S. state to decriminalize ayahuasca, DMT, and iboga for adult use. It also became the second state to decriminalize psilocybin for mental health treatments. This law removes criminal penalties for personal use, possession and cultivation of certain psychedelics, and establishes regulations for psilocybin starting in late 2024. The law also prohibits discrimination based on personal use of these substances. However, it acknowledges that these substances remain illegal at the federal level. Georgia; Illegal; In Georgia, ayahuasca is generally prohibited due to DMT's classification as a controlled substance. However, there's a exception under the Religious Freedom Restoration Act (RFRA), allowing its use in specific religious contexts. Michigan;Illegal; In Michigan, ayahuasca is mostly prohibited and not legal, except for specific religious practices that are acknowledged under federal law. New York; Illegal; In New York state, ayahuasca is allowed for particular religious ceremonies, but using it for other purposes is against the law. Oregon; Illegal; In Oregon, ayahuasca is illegal under the Controlled Substances Act. However, there are narrow religious exemptions for syncretic Christian churches like União do Vegetal (UDV) and the Santo Daime, limited to Oregon and Los Angeles. These exceptions were granted after legal challenges, including a Supreme Court case, but they don't legalize ayahuasca for general use in Oregon. Despite progressive steps in legalizing other natural psychedelics, such as psilocybin, ayahuasca remains illegal in Oregon except for specific religious exemptions. Washington; Illegal; In Washington State, as of 2021, the cities of Seattle and Port Townsend have made a decision to treat all psychedelic plant medicines, including ayahuasca, differently. They have decided that these substances are no longer considered illegal. However, in the rest of the state, psychedelics like ayahuasca are still not allowed by the law. It's important to note that in February 2021, the Washington State Supreme Court said that it's not constitutional to charge people with a felony just for having a small amount of drugs. Pennsylvania; Illegal; Pennsylvania hasn't legalized ayahuasca. It's governed by federal restrictions on controlled substances with some religious exemptions under the RFRA. Illinois; Illegal; In 2023, ayahuasca remains prohibited in Illinois. Ohio;Illegal; Ayahuasca is still against the law in Ohio as well as other psychedelics. New Jersey;Illegal; Government regulations regarding psychedelics and ayahuasca align with federal regulations, which largely prohibit ayahuasca except for recognized religious exemptions. Virginia;Illegal; State laws align with federal government, which generally prohibit ayahuasca, except for specific religious exemptions. Hawaii;Illegal; The situation is aligned with federal law. While specific religious groups have received exemptions under the federal Religious Freedom Restoration Act for ceremonial use.

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Legality of Ayahuasca in South & Central America

Ayahuasca's legality varies across Latin America, countries like Brazil, Peru, and Ecuador recognize its indigenous cultural heritage. In Colombia, there aren't specific laws, allowing ceremonies and retreats to proceed smoothly. However, laws can change, so it's advisable to consult resources like the Ayahuasca Defense Fund by ICEERS for the latest updates.

Costa Rica

Ayahuasca's legal status in Costa Rica is uncertain, as it's not specifically regulated by the country's laws. While many retreats operate there, the absence of specific regulations creates a legal grey area. This means there's no law explicitly permitting or prohibiting its use. Legal interpretations can vary through opening the business niche for many retreat organizations.

Brazil

In Brazil, ayahuasca holds deep cultural and legal significance. Recognized since 1987 for religious and ritual use by the National Council on Drug Policy (CONAD), Brazil has clear legal rules governing ayahuasca. These regulations, outlined in the 2010 CONAD resolution, provide guidelines for its legal use, emphasizing its religious and cultural importance. However, commercial sale and non-religious use of ayahuasca remain prohibited under this framework.

Peru

In Peru, ayahuasca has been legally protected as part of the country's cultural heritage since 2008. Unlike other nations, Peru emphasizes its traditional use by indigenous communities rather than religious organizations. While there are discussions about regulating ayahuasca tourism, no new laws have been introduced yet.

Other Latin American Countries

Ayahuasca Legality in Europe

In Europe, the legal status of ayahuasca varies widely among countries due to differences in national drug laws and interpretations of international treaties. While DMT, a key component of ayahuasca, is classified as a Schedule I substance under the 1971 United Nations Convention on Psychotropic Substances, legal interpretations in some countries may be more favorable to ayahuasca.

Spain

In Spain, the legal status of ayahuasca creates an intricate scenario. Ayahuasca, due to its DMT content, exists in a legal gray area. However, the legal framework of ayahuasca could be called nuanced.

Lack of Specific Ayahuasca Legislation: Ayahuasca is not classified as an illicit substance in Spain. This allows individuals and closed groups to engage in its use, whether for personal or spiritual exploration while adhering to local regulations responsibly and respectfully.
Legal Incidents and Enforcement: Spain has experienced legal incidents involving ayahuasca, including arrests and legal proceedings. Nevertheless, all these arrests were related to various reasons unrelated to the utilization and distribution of exactly ayahuasca itself. As of January 2024, no guilty verdicts have been issued for those who were arrested. Several court rulings have established that Ayahuasca is not subject to international control, nor is it regulated by the Spanish state.

United Kingdom

Ayahuasca is classified as a Class A substance in the UK, alongside drugs like heroin and MDMA. This means all aspects of ayahuasca, including possession and distribution, are strictly prohibited under UK law, with no exemptions for traditional or ceremonial use.

Portugal

In Portugal, ayahuasca's legal status is unclear despite DMT being illegal. Brazilian ayahuasca groups face recognition challenges, and possession of ayahuasca may lead to legal issues. Ambiguity surrounds ayahuasca's legality under religious freedom laws, with Santo Daime's efforts facing obstacles. Portugal's stance on ayahuasca is a balancing act between religious freedom and drug policy in a legal gray area.

Is Ayahuasca Legal in Other European Countries?

Ayahuasca Legality in Various Countries of the World

Canada

In Canada, ayahuasca is tightly regulated, but exemptions exist for specific religious groups like the Santo Daime Church and União do Vegetal. Despite these exceptions, ayahuasca remains illegal outside of religious use, highlighting the interplay between drug laws and government policy.

Thailand

In Thailand, the legal status of ayahuasca is unclear. While there's no specific law regarding it, the country has strict drug regulations, with severe penalties (including the death penalty) for possession and trafficking.

Indonesia & Bali

In Indonesia, including Bali, ayahuasca and similar psychedelics are strictly prohibited under the country's Level 1 drug classification (can lead to death penalties). This ban applies to all plant- based medicines containing DMT.