The Legal Status of Ayahuasca in the U.S.
By Samantha Gabbey
Is it legal to drink Ayahuasca in the United States?
Sadly, the answer is still usually “No” but there are exceptions in some locations and under certain circumstances. These exceptions can seem confusing however, since laws sometimes vary not only from state to state but also from city to city.
The topic of Ayahuasca legality in the US is a challenging one. It would be lovely to be able to tell you all the details about where you can safely and easily access healing all plant medicines, but it’s just not that simple. It feels sad and frustrating that we’re here in 2022 and we are still grappling with a government that will not give us permission to turn to nature for support in healing. But this is still our reality.
And yet there is some serious progress to report. All the way back in December 2015, a Travel and Leisure article bore the tantalizing title, America is Getting a (Legal!) Ayahuasca Retreat.
The controversial ONAC retreat center that was the subject of the article was run by an organization that is technically a church—or at the very least seeks to be—which means there is the possibility of obtaining a religious exemption to serve Ayahuasca legally. Religious exemption is still the only way to serve Aya legally in The United States; in fact, the União do Vegetal and Santo Daime churches have both been serving in the in the US since the 1980s and today are able to operate because of this religious exemption.
The ONAC retreat center stopped serving in the US shortly after the Travel and Leisure article was published making the “mainstreamification” and potential wider acceptance of entheogen use the only real progress realized in this scenario.
But some progress can be appreciated in recognizing that today the União do Vegetal church can legally serve Ayahuasca throughout the US. And while the Santo Daime church has a more limited range, they are still able to serve in the states of Oregon, California, Washington and Massachusetts.
The Significance of Schedule I
Ayahuasca’s legal status is tied to the Schedule I classification of its main psychoactive substance, N,N-Dimethyltryptamine or DMT. DMT is the substance in Ayahuasca that produces the visions, auditory “hallucinations” (so-called) and insights for which she is famous.
Schedule I substances are narcotic drugs classified by the United States DEA (Drug Enforcement Administration) as highly addictive and having no medical value or curative powers.
This determination of absolute uselessness beyond the recreational does not apply to opioids like Vicodin or OxyContin, in spite of the fact that in 2019, an average of 38 people died every single day from prescription opioid overdose. These opioids are filed under the slightly less damning Schedule II classification, while the active components of healing, restorative and non-addictive plant medicines like Ayahuasca are classified as Schedule I, rendering them effectively illegal in the US.
DMT is Illegal but the Plants that Combine to Make Aya Are Not
Bear in mind that the two main ingredients that combine to make Ayahuasca, the DMT-containing psychotria viridis, commonly known as Chacruna, and banisteriopsis caapi, the Ayahuasca vine, are not themselves illegal. So while the manufacture, sale and use of the chemical DMT is illegal in the U.S.A. at a federal level, neither of the main components of the Ayahuasca “brew,” in which DMT is the main psychoactive ingredient, are controlled. And, confusingly, there are exceptions when it comes to criminality regarding the possession and use of the tea itself, not only in in different states but in various cities within different states.
Decriminalized of Psychedelics vs. Fully Legal
In discussing Ayahuasca legality it is important to define two important terms. In some locations or circumstances Ayahuasca may be decriminalized versus flat out illegal but what does this really mean for you and how does it affect the choices you have?
In short, it doesn’t affect your freedom to use Ayahuasca in any meaningful way. In certain cities in the United States, Aya is decriminalized but in no place is it actually legal, with the exceptions of the religious exemptions previously mentioned.
Decriminalized means that you will be subject to some legal repercussions—for example, fines—if you are caught possessing or using Aya, whereas illegal means you could face stiffer penalties or jail time.
Where is DMT Decriminalized?
DMT is not legal in the US, however there are some cities where it is decriminalized, making any related offenses low priority for law enforcement.
The cities of Oakland, Santa Cruz, Ann Arbor and Washington DC have all decriminalized the use of DMT, the main psychoactive substance in Ayahuasca. And the state of Oregon has decriminalized all plant medicines and psychoactive drugs. These changes, voted for by large percentages of the US public, represent small but profound steps towards the widespread acceptance of Ayahuasca and other entheogens as the healing miracles that they are.
Decriminalization Means There is Reason to Hope
The decision to answer Aya’s call is not one made lightly. Many of us mull the idea over for months, if not years before deciding we are ready to take this important step. When you throw issues of legal status into the mix, you’ve got an awful lot to consider beyond whether or not you feel emotionally, physically and spiritually ready to participate in a ceremony. It can feel like a very heavy burden.
It may look like we still have a long hard road ahead before we reach a place of absolute freedom. This may be true but there seems to be no doubt about where we are headed.
The path before us inevitably leads to a time when sincere seekers of healing and spiritual growth will not have to wrestle with legal concerns at all. We will all be free to build the beautiful partnerships with Aya—and any and all other plant medicines of our choosing—for the healing and expansion that is the birthright of each sentient being.
Until then, be wise, be safe, and enjoy the journey. <3
