Ayahuasca is a hallucinogenic brew that has been used in traditional South American shamanistic rituals for hundreds of years but has been a popular hallucinogenic tool in the US since the ’70s. 

But what exactly is ayahuasca and is it legal?

Ayahuasca 

Ayahuasca is made by combining the stem of the Banisteriopsis caapi plant and the leaves of the Psychotria virids plant into a drinkable infusion. This traditional tea contains high levels of N, N-dimethyltryptamine (DMT) and monoamine oxidase inhibitors. Monoamine oxidases are a group of enzymes that stop neurotransmitters like serotonin and dopamine from working and so the monoamine oxidase inhibitors in ayahuasca help to induce its psychotropic effects by blocking the neurotransmitter-stopping effects of the monoamine oxidases and ensuring that neurotransmitters like serotonin aren’t reduced.

DMT, the main psychedelic component of ayahuasca, is known for its brief but intense and visual hallucinations that have been associated with spiritual enlightenment. However, since ayahuasca is essentially orally ingested DMT, the effects take longer to kick in and also last for a longer period of time (for approximately 8 hours with a 1-3 hour peak). 

DMT is thought to act through trace amine-associated receptors and also by storage in neurotransmitter storage vesicles where it then acts on serotonin receptors and acts on the serotonin system to induce its psychedelic effects. The activation of serotonin receptors such as 5-HT2 and 5-HT2A is thought to increase serotonin levels and create a hallucinogenic effect by enhancing glutamatergic transmission in the cerebral cortex area of the brain and creating the higher-level cognitive functioning and perceptual and affective distortions reported by those who have tried ayahuasca. 

Ayahuasca’s Legal Status 

But is this hallucinogenic plant tea actually legal? Confusingly, the legal status of ayahuasca is not very straightforward. 

DMT Legality 

DMT, the main psychedelic component of ayahuasca, is classified as a schedule 1 drug in the United States by the Drug Enforcement Agency (DEA). That places DMT in the same category as illegal substances such as ecstasy and heroin. 

As a schedule 1 substance, trafficking of DMT could potentially result in a prison sentence of up to 20 years for a first offense according to federal law. 

Ayahuasca Legality

So with DMT classified as an illegal substance, that would surely mean that ayahuasca is illegal? While DMT is illegal, Banisteriopsis caapi and Psychotria Viridis, the plants that create ayahuasca, are not.

But there’s more to know before you rush to buy the raw ingredients to make ayahuasca. While you can own the plants required to brew ayahuasca, some have been arrested for possessing the DMT heavy ayahuasca plant brew. 

Does The Confusing Legality Of Ayahuasca Mean You Can’t Take It In The US?

Yet again, ayahuasca legality gets a bit confusing when churches are concerned.

Since ayahuasca is traditionally used in shamanistic rituals, certain churches in the United States have been granted permission to use ayahuasca in ceremonies. The Santo Daime and the Uniao do Vegetal churches have both been granted permission for their congregations to consume ayahuasca tea thanks to the Religious Freedom Restoration Act. 

Ayahuasca Decriminalization 
Ayahuasca has also been decriminalized Oakland, California. Oakland City Council passed the decriminalization of ayahuasca in 2019, despite DMT still being illegal under federal law. With growing interest in this powerful hallucinogen, it will be interesting to see if the legal status of ayahuasca will change in the future.