In the spring of 2022, the cops showed up at my house in Colorado with a warrant for my arrest. The reason: They had intercepted a single package of Ayahuasca, and now wanted to charge me for attempting to possess a schedule 1 drug. I faced a maximum sentence of 40 years in prison. I went to jail for 3 days. I spent $100k on a 4-month legal process. I served a year of probation. In short, I went through hell. But I emerged stronger, wiser, and more protective of the medicine and her carriers than ever before.

I am sharing more details of my story to help demystify a lot of confusion around the topic of Ayahuasca's legality, because you don't ever have to go through what I did.

Yes, the Western world is deeply immersed in a massive psychedelic revolution, with scads of cities and even states either decriminalizing or legalizing certain sacred medicines. But in no way does that create true legal safety. In many ways, it creates more risk of incarceration, depending on the situation.

So let's expose the truth of whether or not Ayahuasca is really legal, or becoming legal, so that we all can stay legitimately informed and safe.

Ayahuasca Isn’t Legal in Most Places

Since the war on drugs (read: war on nature and war on people) was triggered many decades ago, almost all remotely psychedelic parts of our natural world have been labeled illegal. Countries like Peru are the exception, as they have consistently protected the right to work with sacred plants, but in almost all countries across the globe, psychedelic medicines have been outlawed. Millions of people have gone to jail and even died because of their love of plants.

Even places like Finland, Portugal, and Spain still have major legal hurdles, because although the local drug laws in these nations don’t specifically list Ayahuasca as legal, they either prohibit DMT (a key component of Ayahuasca) as illegal or controlled, or they have specific (and ever-changing) laws around who can work with her, when, and under what circumstances.

The International Narcotics Control Board plays a crucial role in regulating psychedelic substances globally, specifying which plants are subject to control measures and noting exceptions for traditional cultural practices.

Times are changing, and that’s a good thing. But it is increasingly confusing across the globe to determine the actual safety of possessing and working with Ayahuasca in any context.

Ayahuasca Definition and Composition

Ayahuasca is a plant-based psychedelic brew that has been used for centuries in traditional medicine and spiritual practices in the Amazon region. The brew is typically made from the Banisteriopsis caapi vine and the Psychotria viridis leaf, which contain the psychoactive compounds harmine and N, N-Dimethyltryptamine (DMT), respectively. The combination of these compounds produces a powerful psychedelic effect that can last for several hours and is, in our estimation and experience, utterly life changing, and even life-saving.

The Current Status of Ayahuasca’s Legal Status in the United States

Let’s deal with the confusing and dynamic legal landscape of the United States. The U.S. proclaims itself to be the freest country in the world, but they still arrest and imprison people every single day for working with nature. The federal government is heavily involved in regulating psychedelics, and religious groups face significant legal challenges in their attempts to gain exemptions.

Regarding Ayahuasca, on a federal level, it is highly illegal to possess, consume, or distribute her. She is not named herself as a scheduled drug, but DMT is, and that is an essential element of the brew.

I know the realities of the war against Ayahuasca firsthand. As mentioned above, I was arrested for a single small package intercepted from South America. Ironically, even though I am an outspoken messenger against the abuse of DMT, and favor working with organic medicines, the state of Colorado charged me with the attempt to possess and distribute DMT, as well as conspiracy. They weighed the entire contents of the package, which mostly included water weight, plant material, and packaging materials, and stated the entire contents were DMT. This amounted to about 4 pounds. In actuality, the amount of DMT likely did not exceed 2 grams. The system is woefully archaic, horrifically unfair and dishonest, and does not understand that A) all living organisms possess DMT and B) Ayahuasca consists mostly of many other alkaloids and natural substances. To say Ayahuasca IS DMT is like saying we are carbon, just because we have it as an element.

Arrests for Ayahuasca are increasing in the U.S., but to date, no one has been served a prison sentence as a result of working with her. Many of us have been threatened and highly traumatized, however, and these numbers are on the rise. Why? Because the system is now highly motivated to profit off of medicines like Ayahuasca, so it is working to establish dominance. This means that even in places where DMT and Ayahuasca are legalized, you still must follow the legal protocol in order to be protected. The concept of an Ayahuasca church has emerged, with organizations like the Soul Quest Ayahuasca Church of Mother Earth and the Arizona Yagé Assembly seeking legal recognition to use ayahuasca as a sacrament.

In the State of Colorado, the Nature Medicine Act is working to establish the rules for people to legally administer Plant Medicines. The training, liability insurance, certification, and related materials equal over $50,000 in start-up costs; and that’s just for year one. Any attempt to avoid all the regulatory requirements is akin to a doctor practicing without a license. In other words, if you don’t follow the rules, you will still go to jail; and likely for much longer than the current paradigm. Specific religious groups like the UDV and Santo Daime churches have legal exemptions to use ayahuasca, stemming from a 2006 U.S. Supreme Court ruling that provides them with protection against prosecution.

Ayahuasca is decidedly not legal in the United States, and unless you intend to pay high costs for training (that isn’t in any way shamanic) and certifications, it won’t be for most of us for a very long time.

Federal Law and the Controlled Substances Act

In the United States, ayahuasca is considered a controlled substance under the Controlled Substances Act (CSA). The CSA regulates the use of certain substances, including psychedelics like DMT, which is a Schedule I controlled substance. This means that ayahuasca is illegal to possess, distribute, or consume outside of specific religious exemptions.

Religious Freedom and Ayahuasca

The Religious Freedom Restoration Act (RFRA) of 1993 provides a framework for religious exemptions from the CSA. Certain religious organizations, such as the União do Vegetal (UDV) and the Santo Daime churches, have received legal protection to use ayahuasca as a sacrament in their religious ceremonies. These exemptions allow for the use of ayahuasca in specific religious contexts, but do not provide a blanket exemption for all uses of the substance.

Ayahuasca’s Legal Challenges in Europe

Countries like Spain, Portugal, and the Netherlands made great strides early on to protect sacred work with Ayahuasca, but recent years have provided a slew of setbacks. As of writing this article, the current legal status for Ayahuasca in Europe is….very complicated. Here are some of the highlights:

Boasting one of the most progressive stances on drug policies in the entire world, Portugal decriminalized all drugs in 2000, and has been a major destination for Ayahuasca work for many years now. While the medicine isn't implicitly illegal, it isn't legal either. One of the major Plant Medicine churches, the UDV, has attempted – and failed – a total of three times so far to gain legal protection in Portland. That said, there have only been one recorded arrest in the last handful of years. Because of Portugal's shared history, language, and cultural connection to Brazil, indigenous tribes working with Ayahuasca have for the most part been allowed to do so without legal issue. But please be clear, it is not at all legal in Portugal, so please be safe.

Spain is another complicated destination for Ayahuasca. It appeared a handful of years ago that the legal system in Spain was ready to change their laws and welcome safe, indigenous ceremonies, but they did an about turn, and arrests have recently been on the rise. DMT is a scheduled drug in Spain, and Ayahuasca is not approved legally for any purpose, including religions reasons. The biggest issue is the importation of the medicine; no entity in Spain has yet been given the legal right to import Ayahuasca.

The Netherlands is perhaps the most complicated European nation when it comes to legalizing Ayahuasca. The substance DMT is illegal under the Opium Act, but groups like the Santo Daime church have been conducting ceremonies there for many years. The Netherlands has been one of the core locations hosting ceremonies with the medicine since the global appeal of working with her first erupted. There have been a couple of court cases with the Santo Daime church honoring religious freedom rights, but in recent years the courts have been consisting ruling against the legal administration of Ayahuasca. This means the Netherlands has also become a dangerous place for shamanic guides to operate.

For more information on the latest legal updates, check out the Ayahuasca legal map on ICEERS.

International Law and Regulations

Internationally, Ayahuasca is regulated by the United Nations Convention on Psychotropic Substances of 1971. The Convention divides psychedelics into four categories, with DMT and other Schedule I substances being considered the most dangerous and addictive. However, the Convention also allows for exemptions for nations where psychotropic substances are “growing wild” and “are traditionally used by certain small, clearly determined groups in magical or religious rites.”

It’s a Long Legal Road Ahead for Ayahuasca

As you can see, this is a complicated path. I dedicate this article to every single person who has been dragged through the legal system on behalf of Ayahuasca, as each one of us has served to educate everyone we come into contact with regarding the truth about her. Until the system recognizes the difference between Ayahuasca and DMT, and the proven therapeutic benefits, we must continue to proclaim her power, her benefits, her challenges, and her sacredness.

The concept of religious exemption has been pivotal in the legal battles for religious freedom, with faith-based groups like the Native American Church and the União do Vegetal church seeking permission to use controlled substances in their ceremonies.

Despite some state-level decriminalization efforts, many substances remain illegal under federal law, which continues to hinder research into their therapeutic potential.

May all beings soon be able to work with any part of nature without the threat of incarceration.

About the Author

Tina “Kat” Courtney is a traditionally trained Ayahuasquera and Huachumera; she apprenticed for over a decade in the Shipibo-Conibo and Quechua-Lamista traditions. She’s the author of Plant Medicine Mystery School Vol 1: The Superhero Healing Powers of Psychotropic Plants. Kat is a pioneer in the Psychedelic Integration space, as well as an expert in cultivating life-changing relationships with plant spirits. She leads Master Plant Diets both in person and remotely and is available for coaching and consultations about this and all shamanic topics. Kat is also a certified Death Doula, honored to help people make peace with the inevitable and beautiful transition into the afterlife. She has spent her adult life cultivating a bonded and trusting relationship with the darkness, and she’d love to help you do the same.

Where is Ayahuasca Legal?