Ayahuasca - Legal Status

Legal Status

Internationally, DMT is a Schedule I drug under the Convention on Psychotropic Substances. The Commentary on the Convention on Psychotropic Substances notes, however, that the plants containing it are not subject to international control:

The cultivation of plants from which psychotropic substances are obtained is not controlled by the Vienna Convention. . . . Neither the crown (fruit, mescal button) of the Peyote cactus nor the roots of the plant Mimosa hostilis nor Psilocybe mushrooms themselves are included in Schedule 1, but only their respective principles, mescaline, DMT and psilocin.

A fax from the Secretary of the International Narcotics Control Board to the Netherlands Ministry of Public Health sent in 2001 goes on to state that "Consequently, preparations (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."

The legal status in the United States of DMT-containing plants is somewhat questionable. Ayahuasca plants and preparations are legal, as they contain no scheduled chemicals. However, brews made using DMT containing plants are illegal since DMT is a Schedule I drug. That said, some people are challenging this, using arguments similar to those used by peyotist religious sects, such as the Native American Church. A court case allowing the União do Vegetal to import and use the tea for religious purposes in the United States, Gonzales v. O Centro Espirita Beneficente Uniao do Vegetal, was heard by the U.S. Supreme Court on November 1, 2005; the decision, released February 21, 2006, allows the UDV to use the tea in its ceremonies pursuant to the Religious Freedom Restoration Act. In a similar case an Ashland, Oregon based Santo Daime church sued for their right to import and consume ayahuasca tea. In March 2009, U.S. District Court Judge Panner ruled in favor of the Santo Daime, acknowledging its protection from prosecution under the Religious Freedom Restoration Act.

Religious use in Brazil was legalized after two official inquiries into the tea in the mid-1980s, which concluded that ayahuasca is not a recreational drug and has valid spiritual uses.

In France, Santo Daime won a court case allowing them to use the tea 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 schedule I substances, making the tea and its ingredients illegal to use or possess.