Legal status of ayahuasca by country

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This is an overview of the legality of ayahuasca by country. DMT, one of the active ingredients in ayahuasca, is classified as a Schedule I drug under the United Nations 1971 Convention on Psychotropic Substances, meaning that international trade in DMT is supposed to be closely monitored; use of DMT is supposed to be restricted to scientific research and medical use. Natural materials containing DMT, including ayahuasca, are not regulated under the 1971 Psychotropic Convention.[1] The majority of the world's nations classify DMT as a scheduled drug; however, few countries seem to have laws specifically addressing the possession or use of ayahuasca.

Contents

Country Possession Sale Transport Cultivation Notes

 Australia

Unknown Unknown Unknown Unknown Australia typically has harsh drug policies, but there appears to be no specific law dealing with ayahuasca. There have been no known prosecutions for use or supply of the substance. Some individuals even openly advertise small-scale private ayahuasca ceremonies.

 Brazil

Legal Legal Legal Legal Ayahuasca has been fully legal in Brazil since 1992.[2] There is a large number of private companies and non-profits offering ayahuasca retreats.

 Canada

Illegal Illegal Illegal Illegal In June 2017 the Santo Daime Church Céu do Montréal received religious exemption to use Ayahuasca as a sacrament in their rituals.[3]

 Chile

Controlled Controlled Controlled Controlled There is contradictory evidence regarding the legality of ayahuasca in Chile. Though no specific laws exist to prohibit ayahuasca, DMT is a controlled substance.

 Costa Rica

Legal Legal Legal Legal Superficial research suggests that ayahuasca is fully legal in Costa Rica and there is a large number of private companies and non-profits offering ayahuasca retreats.

 France

Illegal Illegal Illegal Illegal In France, Santo Daime won a court case allowing them to use the decoction in early 2005; however, they were not allowed an exception for religious purposes, but rather for the simple reason that they did not perform chemical extractions to end up with pure DMT and harmala and the plants used were not scheduled. Four months after the court victory, the common ingredients of ayahuasca as well as harmala were declared stupéfiants, or narcotic scheduled substances, making the Daime and its ingredients illegal to use or possess.

 Ireland

Illegal Illegal Illegal Illegal An attempt in 2014 by a member of the Santo Daime church to gain a religious exemption to import the drug failed.[4]

 Italy

Legal Legal Legal Legal Ayahuasca was declared non-narcotic in two separate judgments in 2005 and 2007.[5] There appears to be no specific law prohibiting the substance in Italy at this time.

 Netherlands

Legal Legal Legal Legal Ayahuasca holds de facto legal status in the Netherlands, although it appears to be in a legal grey area at the moment. Ayahuasca can be purchased in certain stores in the country, many online sellers of the substance are based in the Netherlands, and it is even possible to book an ayahuasca experience here. Santo Daime won a court case in 2001[6] which allowed them to continue their ceremonial usage of ayahuasca.[7] One factor in this decision was a fax from the Secretary of the International Narcotics Control Board[8] to the Netherlands Ministry of Public Health, stating that [P]reparations (e.g. decoctions) made of these plants, including ayahuasca are not under international control and, therefore, not subject to any of the articles of the 1971 Convention.

 Peru

Legal Legal Legal Legal Superficial research suggests that ayahuasca is fully legal in Peru and there is a large number of private companies and non-profits offering ayahuasca retreats. Powdered forms of ayahuasca are openly sold in markets, especially in parts of the country within the Amazon basin, such as the city of Iquitos.

 Portugal

Decriminalized Illegal Illegal Illegal In 2001, Portugal decriminalized all previously illegal drugs. This means that though not legal, the possession and use of ayahuasca, just like its active component DMT, is no longer a criminal offense and doesn't carry a jail sentence. The sale, transport, and cultivation of the substance remain criminal offenses, however.[9]

 Romania

Legal Legal Legal Legal Legal for scientific and medical research studies by authorized doctors in clinics and hospitals only.

 Spain

Controlled Illegal Controlled Controlled Sale to the public is prohibited due to its toxicity. Use and marketing is restricted to the manufacture of pharmaceutical specialities, master formulas, officinal preparations, homeopathic strains and research.[10]

 Sweden

Illegal Illegal Illegal Illegal It is illegal to prepare plants that contain narcotic drugs.[11]

 United Kingdom

Illegal Illegal Illegal Illegal DMT is a Class A Drug and is therefore illegal to distribute or possess.[12] As a DMT containing plant, ayahuasca is therefore illegal in the UK.[13]

 United States

Legal for religious purposes Legal for religious purposes Legal for religious purposes Legal for religious purposes Except for ornamental purposes, growing, selling, or possessing Banisteriopsis spp. is prohibited by the Louisiana State Act 159.

In Gonzales v. O Centro Espirita Beneficente Uniao do Vegetal, the Supreme Court heard arguments on November 1, 2005, and unanimously ruled in February 2006 that the U.S. federal government must allow the Brazil-based União do Vegetal (UDV) church to import and consume ayahuasca for religious ceremonies under the 1993 Religious Freedom Restoration Act. In September 2008, the three Santo Daime churches filed suit in federal court to gain legal status to import DMT-containing ayahuasca tea. The case, Church of the Holy Light of the Queen v. Mukasey,[14] presided over by Judge Owen M. Panner, was ruled in favor of the Santo Daime church. As of March 21, 2009, a federal judge says members of the church in Ashland can import, distribute and brew ayahuasca. U.S. District Judge Owen Panner issued a permanent injunction barring the government from prohibiting or penalizing the sacramental use of "Daime tea". Panner's order said activities of The Church of the Holy Light of the Queen are legal and protected under freedom of religion. His order prohibits the federal government from interfering with and prosecuting church members who follow a list of regulations set out in his order.[15]

In June 2019, the city of Oakland in California decriminalized all "entheogenic" plants, including all natural materials used to produce ayahuasca.[16]

References[edit]

  1. ^ Schaepe, Herbert (2001). "International control of the preparation "ayahuasca"" (JPG). Erowid. Retrieved November 29, 2010.
  2. ^ "Legal Status of Ayahuasca in Brazil". Erowid.org. March 2001. Retrieved February 25, 2019.
  3. ^ Rochester, Rev Dr Jessica (2017-07-17). "How Our Santo Daime Church Received Religious Exemption to Use Ayahuasca in Canada". Chacruna. Retrieved 2019-03-25.
  4. ^ "Sect leader spared jail for importing hallucinogenic drug for religious 'sacrament'". Independent.ie.
  5. ^ "The law is clear - Ayahuasca is legal in Italy" (in Italian). italocillo.it. Retrieved February 25, 2019.
  6. ^ Court Case in Holland against the use of ayahuasca by the Dutch Santo Daime Church. By Arno Adelaars
  7. ^ Dutch Santo Daime Case 2001 – Abridged Judgment
  8. ^ Letter of Herbert Schaepe Secretary of the United Nations International Narcotics Control Board
  9. ^ "Portugal legalizes drug use". BBC News. 7 July 2000. Retrieved 18 May 2019.
  10. ^ "Order SCO/190/2004 establishing the list of plants whose sale to the public is prohibited or restricted because of their toxicity". BOE (in Spanish). 2004-02-06. Retrieved 2019-06-11.
  11. ^ "Drug laws in Sweden" (in Swedish). lagen.nu. 8 March 1968.
  12. ^ "DMT | FRANK". www.talktofrank.com. Retrieved 2019-05-06.
  13. ^ Thelwell, Emma (2014-04-29). "Why do people take ayahuasca?". Retrieved 2019-05-06.
  14. ^ "Church of the Holy Light of the Queen v. Mukasey" (PDF). Archived from the original (PDF) on 2011-10-03. Retrieved 2018-12-05. Cite uses deprecated parameter |dead-url= (help)
  15. ^ Church of the Holy Light of the Queen v. Mukasey (D. Ore. 2009) ("permanently enjoins Defendants from prohibiting or penalizing the sacramental use of Daime tea by Plaintiffs during Plaintiffs' religious ceremonies"). Text
  16. ^ Haridy, Rich (June 5, 2019). "Oakland City Council decriminalizes all "natural psychedelics" in landmark resolution". newatlas.com. Retrieved June 11, 2019.