Is Ayahuasca Legal? Understanding the Legalities in Different Countries

Ayahuasca is legal in Peru, Brazil and Spain, is not controlled in Colombia and Ecuador, and is illegal in the US, the UK, most of Europe, Australia and Asia, with exceptions for some churches in the US and Canada. The reason for these differences is DMT: the molecule is controlled under the 1971 UN Convention, but the plants used to make ayahuasca and the brew itself are not, so each country decides for itself.

This guide explains the law country by country and was updated in October 2026. It is general information, not legal advice.

Ayahuasca is a brew made from the Banisteriopsis caapi vine, which grows in the Amazon and other parts of South America, usually combined with the leaves of Psychotria viridis, known as chacruna. Chacruna contains DMT, a psychedelic molecule, and the vine contains harmala alkaloids that make DMT active when it is taken by mouth.

DMT itself is listed in Schedule I of the 1971 UN Convention on Psychotropic Substances. However, the International Narcotics Control Board has stated that no plants are controlled under that Convention, and that preparations made from them, such as ayahuasca, are not under international control either (INCB Annual Report 2010, paragraph 284). As a result, each country decides for itself: some ban ayahuasca because it contains DMT, while others leave it uncontrolled or protect it as cultural heritage.

Is DMT legal anywhere? Pure DMT is controlled in almost every country. The legal differences between countries concern the plants and the ayahuasca brew, not the isolated molecule.

Ayahuasca is illegal under US federal law because DMT is a Schedule I controlled substance. This applies in every state: states can lower their own penalties, but they cannot make ayahuasca legal. The exceptions are churches protected under the Religious Freedom Restoration Act (RFRA):

• União do Vegetal: Supreme Court ruling, 2006 (Gonzales v. O Centro Espírita Beneficente União do Vegetal)
• Santo Daime: federal court decision in Oregon, 2009
• Church of the Eagle and the Condor in Arizona: settlement with the DEA, 2024
• Church of Gaia in Washington: the first DEA exemption granted by petition, without a lawsuit, May 2025

The Banisteriopsis caapi vine on its own is not a controlled substance in the US. For churches and retreats operating in the country, see our guide to ayahuasca retreats in the USA.

In Arizona, ayahuasca is illegal outside churches with federal protection. In 2024 the Church of the Eagle and the Condor in Phoenix reached a settlement with the DEA that allows it to import and use ayahuasca under strict conditions. The Vine of Light Church and the Arizona Yagé Assembly are also suing the DEA, and a federal judge has allowed their case to move forward.

Florida has no state exemption for ayahuasca, so possessing or serving it is illegal outside churches with federal protection. In 2024 a jury ordered Soul Quest, an ayahuasca church near Orlando, to pay $15 million after a participant died in 2018, and its challenge against the DEA was dismissed. In February 2026 another Central Florida church sued the government after a federal raid.

California follows federal law: DMT is a controlled substance, and possessing, selling or transporting ayahuasca can be prosecuted. Oakland and Santa Cruz have made natural psychedelics a low enforcement priority, but this is not legalization. For centers and churches in the state, see our guide to ayahuasca retreats in California.

Texas follows federal law, so ayahuasca is illegal outside churches with federal protection. The 2006 Supreme Court ruling applies to the União do Vegetal. Some Texas churches, such as Two Birds Church and New Life Rising, hold ceremonies without a federal exemption.

A short summary of ayahuasca's legal status in other US states:

Ayahuasca's legal status varies across Latin America. Peru and Brazil protect it by law, Colombia and Ecuador do not control it and recognize traditional indigenous use, and in Mexico and Costa Rica it sits in a grey area. ICEERS, an independent research organization, tracks legal changes country by country.

Costa Rica has no law that specifically regulates ayahuasca, and many retreats operate there. In January 2025 the Ministry of Health warned the public against using and advertising ayahuasca and ibogaine for therapeutic purposes without a health registration, noting that ayahuasca contains DMT. Retreats continue to operate, but the legal position is less secure than in Peru. See our guide to ayahuasca retreats in Costa Rica.

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.

In Peru, ayahuasca has been protected as part of the national cultural heritage since 2008, in recognition of its traditional use by indigenous peoples of the Amazon. Retreats operate openly, especially around Iquitos, Pucallpa and Tarapoto.

Legal does not mean risk-free. In January 2025 the US Embassy in Peru issued a health alert advising US citizens not to use ayahuasca or kambo. This is why careful screening, experienced maestros and an on-site support team matter. APL Journeys runs an ayahuasca retreat in Peru and master plant dietas at its own camp near Pucallpa, in Shipibo territory. For other centers, see our guide to ayahuasca retreats in Peru.

In Europe, the legal status of ayahuasca varies by country. DMT is controlled everywhere under the 1971 UN Convention, but because the plants and the brew are not under international control, some countries, such as Spain, do not prohibit ayahuasca itself, while France, Germany, Italy, the Netherlands and the UK do.

Ayahuasca is not illegal in Spain. Neither the brew nor the plants it is made from, Banisteriopsis caapi and Psychotria viridis, appear on Spain's lists of controlled substances. Spain follows the 1971 UN Convention, which controls DMT as a pure substance, and the International Narcotics Control Board has stated that plants containing DMT and preparations made from them are not under international control.

Spanish courts have confirmed this. In July 2025 the High Court of Justice of Madrid upheld an acquittal and ruled that ayahuasca is not among the controlled substances and cannot be treated as a drug under article 368 of the Spanish Criminal Code. In 2021 the Provincial Court of Málaga acquitted a person who had imported five liters for personal use, and most other cases have been closed without trial.

There is no specific law that regulates ayahuasca ceremonies, and pure DMT remains controlled. Ayahuasca is therefore legal in Spain on the basis of these court rulings and international law, rather than a dedicated law. APL Journeys runs its ayahuasca retreats in Spain at an ocean-front center in Andalusia, with ceremonies led by Peruvian maestros of the Shipibo lineage.

For the court rulings, the annulled 2004 plant order and the police cases in detail, see our guide to ayahuasca law in Spain.

Ayahuasca is illegal in the UK. Because it contains DMT, the brew is treated as a Class A drug preparation under the Misuse of Drugs Act 1971, and supplying it is also covered by the Psychoactive Substances Act 2016. There are no exceptions for religious or ceremonial use, so many people from the UK travel to countries such as Spain or Peru instead. See our guide to ayahuasca in the UK.

Portugal decriminalized the possession of all drugs for personal use in 2001: carrying less than ten days' supply is an administrative offense, not a crime. DMT remains a controlled substance and ayahuasca is not mentioned in the law, so importing or supplying it can still lead to prosecution. Santo Daime and the União do Vegetal have not been recognized as religious organizations entitled to use it. See our guide to ayahuasca in Portugal.

Ayahuasca is illegal in Canada because DMT is a controlled substance, but Health Canada has granted exemptions under section 56 of the Controlled Drugs and Substances Act to several churches, including Santo Daime groups in Montreal and Toronto. Outside these groups, possessing or serving ayahuasca is illegal. See our guide to ayahuasca in Canada.

Thailand has no law that mentions ayahuasca, but DMT is a controlled substance and the country has some of the strictest drug laws in the world, with very severe penalties for trafficking. Ceremonies there carry a real legal risk. See our guide to ayahuasca in Thailand.

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.

No. Ayahuasca is illegal under US federal law because it contains DMT, a Schedule I substance. Only churches with federal protection, such as the União do Vegetal, Santo Daime, the Church of the Eagle and the Condor and Church of Gaia, may use it in their ceremonies.

Ayahuasca is legal in Peru and Brazil, and legal in Spain based on court rulings: neither the brew nor its plants are controlled substances, as the High Court of Justice of Madrid confirmed in 2025. Colombia and Ecuador do not control it, and Portugal has decriminalized personal possession. In most other countries it is illegal because it contains DMT.

Yes. Ayahuasca is not illegal in Spain, where Spanish courts have confirmed that neither the brew nor its plants are controlled substances. In Portugal, possession for personal use is decriminalized. In the UK, France, Germany, Italy, Ireland, the Netherlands and Sweden it is illegal.

Pure DMT is controlled in almost every country under the 1971 UN Convention on Psychotropic Substances. The legal differences between countries concern the plants and the ayahuasca brew, which are not under international control.

In many countries, including the US and Spain, the Banisteriopsis caapi vine is not a controlled plant and is sold as an ornamental. Some countries, such as France, list the ayahuasca plants as narcotics. Check your local law before buying or growing them.

Carrying ayahuasca across borders is risky, even between countries where it is not controlled. Travelers have been arrested for bringing it into Mexico, and customs in many countries treat it as a DMT preparation. It is safer to drink it where it is served than to take it with you.