Is ayahuasca legal in the United States, and where is it legal?

Why is ayahuasca illegal in the US?

Ayahuasca is illegal in the US because the finished brew contains DMT, and ICEERS states DMT is regulated under Schedule I, section c), of the Controlled Substances Act. Schedule I is a legal classification covering substances Congress found to have a high potential for abuse and no accepted medical use. The statutory maximum punishment for possession or import of DMT, or a substance found to contain it, is 20 years imprisonment.

The ban reaches the brew, not the garden. ICEERS states the plants Banisteriopsis caapi and Psychotria viridis are legal to grow, buy and sell but illegal to prepare and consume. The U.S. Supreme Court in Gonzales v. O Centro held the 1971 UN Convention on Psychotropic Substances covers ayahuasca because a preparation is subject to the same controls as the psychotropic substance it contains. DMT is listed in Schedule I of that Convention. ICEERS adds there is no general consensus among judges and law enforcement in other countries on this point, and national governments decide in their own jurisdictions. This is general information, not legal advice.

Sources, checked November 15, 2026: Treading Carefully in Unpredictable Times: Recent Legal Incidents in..., United States of America, Gonzales v. O Centro Espírita Beneficente União do Vegetal, Brazil

What happens if you are caught with ayahuasca in the US?

The statutory maximum punishment for possessing or importing DMT, or a substance found to contain DMT such as ayahuasca, is 20 years imprisonment, according to ICEERS. ICEERS also states that ayahuasca is illegal to import, consume, possess, sell and distribute in the United States because it contains DMT, and that unlicensed importation or distribution of ayahuasca is treated as a felony under both state and federal law.

Documented outcomes vary. In one mail shipment case from Peru, CBP treated it as unlawful importation of a controlled substance and smuggling, and the property was seized by the CBP before anyone received it.

Bringing ayahuasca across a border carries separate exposure. ICEERS states that even where personal use is decriminalized, importing controlled substances can result in criminal prosecution for international drug trafficking. Anyone facing an actual case should consult a lawyer familiar with the Controlled Substances Act and RFRA defenses.

Sources, checked November 15, 2026: United States of America, Treading Carefully in Unpredictable Times: Recent Legal Incidents in..., Myths and Realities of Ayahuasca Legality (I)

Do city decriminalization laws protect ayahuasca ceremonies?

No. City decriminalization measures in the US only deprioritize enforcement of entheogen laws; they do not legalize ayahuasca, permit paid ceremonies, or shield anyone from federal prosecution. DMT remains a Schedule I controlled substance under federal law everywhere in the country, and ICEERS states ayahuasca is illegal to import, consume, possess, sell and distribute in the United States.

These are local enforcement decisions. Seattle's resolution, for example, did not alter city ordinances or legalize any controlled substance, per the UC Berkeley Center for the Science of Psychedelics. A person serving or selling ayahuasca in these cities still violates federal law, and ICEERS notes that profitable, heavily marketed operations are viewed as highly problematic by authorities.

Sources, checked November 15, 2026: Treading Carefully in Unpredictable Times: Recent Legal Incidents in..., United States of America, Decriminalization Legal Library, Law and Policy Map - UC Berkeley Center for the Science of..., Legal status of ayahuasca by country

Are ayahuasca retreats legal anywhere?

Ayahuasca retreats are not legal in the United States, because ayahuasca is illegal to import, consume, possess, sell and distribute under federal law. Religious exemptions cover only specific churches such as the UDV and Santo Daime, not commercial retreats or other communities, even those with IRS church status. Abroad, retreat legality varies: Brazil authorizes ritual and religious use since 1987, Peru made a reservation for ayahuasca and San Pedro when signing the 1971 Convention, and in Portugal possession and use are decriminalized but not legal.

US groups that tried and failed illustrate the line. Soul Quest Church of Mother Earth petitioned the DEA for a Controlled Substances Act exemption to use ayahuasca, and the DEA denied it, finding the church had not shown sincerely held religious beliefs; in December 2023 the Eleventh Circuit held courts lacked jurisdiction to review that denial. ICEERS states the protections held by the UDV and Santo Daime do not extend to other communities, even ones with IRS church status. Legal status also says nothing about medical safety or screening standards.

Sources, checked November 15, 2026: Treading Carefully in Unpredictable Times: Recent Legal Incidents in..., Brazil, International Regulation of Ayahuasca Practices, Legal status of ayahuasca by country, Myths and Realities of Ayahuasca Legality (I)

Where can I legally do ayahuasca?

You can legally drink ayahuasca only inside exempted churches in the US, or in countries where religious or traditional use is recognized. In the US that means the UDV, certain Santo Daime churches, and the Church of the Eagle and the Condor under its 2024 DEA settlement. Abroad, Brazil has authorized ritual and religious use since 1987, and Peru made a reservation protecting traditional ayahuasca uses when signing the 1971 Convention.

• UDV: nationwide protection from a unanimous 2006 Supreme Court ruling; DEA-registered as a legal importer, distributor and manufacturer of hoasca.
• Santo Daime: three Oregon CEFLURIS churches won the right to use Daime in federal court, plus DEA-exempt locations in Los Angeles and Washington State.
• Church of the Eagle and the Condor: Arizona church with a May 2024 federal settlement exempting ayahuasca from the CSA for import and religious use.
• Brazil: ritual and religious use authorized since 1987; commercial retreat uses not affirmed as legal, per ICEERS.
• Peru: made a reservation protecting ayahuasca and San Pedro when signing the international drug convention; ICEERS warns that importing ayahuasca can result in criminal prosecution for international drug trafficking even where personal use is decriminalized.

Colombia has the highest measured prevalence of yage consumption among countries with official survey statistics, per ICEERS. For Ecuador and other countries, confirm the legal status with official government publications before booking. Wherever you go, ask the organization for the specific legal instrument that protects it, and ask a licensed clinician about medications before a ceremony.

Sources, checked November 15, 2026: United States of America, Treading Carefully in Unpredictable Times: Recent Legal Incidents in..., Soul Quest Ayahuasca Church of Mother Earth v. The DEA: Religious..., Brazil, International Regulation of Ayahuasca Practices

Is ayahuasca legal in any US state?

No state has legalized ayahuasca, and DMT is a Schedule I controlled substance under federal law. The legal protection that exists in the US belongs to specific churches: the UDV nationwide through a Supreme Court ruling, certain Santo Daime churches through a federal court ruling and DEA exemptions, and the Church of the Eagle and the Condor under a 2024 DEA settlement.

Colorado's Proposition 122 removed state penalties for personal possession, use and sharing of natural medicine without remuneration, but it set up a regulated program for psilocybin only, and federal law still applies. Calling a ceremony religious does not change this: ICEERS states recognition as a religious association does not legalize ayahuasca use, because laws regulating religion are independent of drug laws.

Sources, checked November 15, 2026: United States of America, Treading Carefully in Unpredictable Times: Recent Legal Incidents in..., Soul Quest Ayahuasca Church of Mother Earth v. The DEA: Religious..., 35 Handpicked Ayahuasca Retreats in United States With REAL Reviews •..., Religious Exemptions From the Controlled Substances Act

Is ayahuasca legal in the United States?

No. Ayahuasca is illegal to import, consume, possess, sell and distribute in the United States because it contains DMT, which is a Schedule I controlled substance under the federal Controlled Substances Act. People have been federally prosecuted for ayahuasca possession as recently as 2018, though ICEERS reports that no person has ever been sentenced to prison for ayahuasca in the USA, while people have been arrested for it. This page is general information, not legal advice. For background on the brew itself, see what ayahuasca is.

The statutory maximum punishment for possession or import of DMT, or a substance found to contain DMT, is 20 years imprisonment, according to ICEERS. One documented case involved a Canadian defendant whose felony was reduced to a misdemeanor, who paid a $1,200 fine and was banned from entering the United States.

Sources: United States of America, Legal status of ayahuasca by country, Treading Carefully in Unpredictable Times: Recent Legal Incidents in...

Why is ayahuasca illegal if the plants are legal?

Ayahuasca is illegal because the finished brew contains DMT, not because the plants are banned. ICEERS states that the two main plants, Banisteriopsis caapi and Psychotria viridis, are legal to grow, buy and sell in the U.S., but illegal to prepare and consume. The law reaches the preparation, not the garden.

There is also no international consensus on the point. The International Narcotics Control Board has stated that no plants and no preparations such as decoctions are under international control under the 1971 Convention, and the ayahuasca brew itself is not scheduled under the treaties. But the U.S. Supreme Court held in Gonzales v. O Centro Espirita Beneficente Uniao do Vegetal that a preparation is subject to the same controls as the psychotropic substance it contains. ICEERS notes there is no general consensus among judges and law enforcement on whether ayahuasca is illegal because it contains DMT, and that national governments make the final decision in their own jurisdictions.

Sources: United States of America, Ayahuasca and the Law, Gonzales v. O Centro Espírita Beneficente União do Vegetal, Brazil

Is DMT legal in any US state?

No. DMT is a Schedule I controlled substance under federal law in every U.S. state, and state psychedelic reform laws have not changed that. Oregon's program covers psilocybin only. Colorado's Proposition 122 decriminalized personal use of DMT under state law in 2022, but it created no licensed ayahuasca program and federal law still applies.

Massachusetts Question 4, which would have legalized botanical psychedelics including DMT for adults 21 and over at state-regulated facilities, failed in the November 5, 2024 election. South Carolina legislators proposed the opposite in 2026: bills S 1039 and H5397 would add substituted tryptamines, the chemical family that includes DMT, to the state Schedule I list. According to the DEA, citing NFLIS data, illicit DMT has been encountered in all states, with 586 DMT reports from forensic laboratories in 2015 alone.

Pure, extracted DMT is a different product from ayahuasca: ICEERS notes it is only active if smoked or injected and is linked to very different patterns of use. This guide covers only the brewed tea. For 'where is DMT legal' outside the U.S., see the country table below.

Sources: United States of America, Religious Exemptions From the Controlled Substances Act, Law and Policy Map - UC Berkeley Center for the Science of..., Treading Carefully in Unpredictable Times: Recent Legal Incidents in...

What is the Religious Freedom Restoration Act and how does it apply to ayahuasca?

The Religious Freedom Restoration Act of 1993 (RFRA) is the federal law that can require the government to permit a religious organization's importation, distribution, possession and use of an otherwise illegal drug, even one Congress found has a high potential for abuse. Confirm the current contours of the RFRA test with a lawyer before relying on it.

The key case is Gonzales v. O Centro Espirita Beneficente Uniao do Vegetal. In 1999, U.S. Customs seized over 30 gallons of ayahuasca shipped to the UDV's Santa Fe, New Mexico branch. The UDV sued under RFRA. In 2006 the Supreme Court unanimously ruled for the church, holding the government failed to prove a compelling interest, since it already allows peyote, also Schedule I, for the Native American Church. That ruling applies only to the UDV.

Two limits matter. First, the Native American Church's peyote exemption does not extend to ayahuasca, and the U.S. reservation to the 1971 Convention covers peyote only. Second, ICEERS states that the legal protection granted to the UDV and Santo Daime does not extend to other individuals or communities, even ones with IRS church status. ICEERS also advises people engaged with ayahuasca in the USA to have a relationship with a lawyer in their state who understands DMT versus ayahuasca, CSA exemptions and RFRA defenses.

Sources: Gonzales v. O Centro Espírita Beneficente União do Vegetal, União do Vegetal, United States of America, Gonzales v. O Centro Espírita Beneficente União do Vegetal

Which ayahuasca churches have legal exemptions in the US?

Only a small number of churches have documented legal protection: the UDV nationwide, three Santo Daime churches in Oregon with a federal court injunction, additional Santo Daime locations in Washington, California and Massachusetts, and the Church of the Eagle and the Condor under a 2024 settlement. No other group shares these protections.

• UDV (Uniao do Vegetal): won a unanimous Supreme Court ruling in 2006; ICEERS reports this allows DEA-registered UDV to use hoasca in religious services nationwide. The UDV states it is practiced by about 25,000 people in 11 countries.
• Santo Daime: three Oregon churches sued in 2008 and in March 2009 Judge Panner found their ritual use legal and enjoined the government from penalizing them. ICEERS reports these churches comply with DEA regulations, track inventory and hold permits to transport ayahuasca through customs.
• Church of the Eagle and the Condor (Arizona): reached a settlement with the DEA in May 2024, described as the first federal settlement exempting ayahuasca from the CSA for import and religious use. The settlement does not cap imported quantity but requires DEA notification of planned increases. CEC and its legal team state the case is not precedential or binding on any court.
• Soul Quest Church of Mother Earth: petitioned the DEA for a CSA exemption and was denied, with the DEA concluding the church had not shown sincerely held beliefs or religious exercise. In December 2023 the Eleventh Circuit held the courts lacked jurisdiction to review the DEA's denial. A Harvard CSWR article on the church notes that a participant's death in 2018 and a civil lawsuit preceded the church shutting down.
• Ayahuasca Healings: ICEERS states this group has no legal protections and was not the first legal ayahuasca church in the US.

Other Santo Daime churches in the United States received no legal protection or exemption from prosecution from these decisions, according to ICEERS. Recognition as a religious association under state law does not legalize ayahuasca use, because legislation regulating religion is independent of drug laws. Readers researching a specific church should verify current status directly, since the facts above run through 2023 to 2024 court records. Our USA destinations page covers this in more depth: ayahuasca retreats in the USA.

Sources: Santo Daime, Myths and Realities of Ayahuasca Legality (II), Treading Carefully in Unpredictable Times: Recent Legal Incidents in..., Soul Quest Ayahuasca Church of Mother Earth v. The DEA: Religious...

Where in the US can you legally do ayahuasca?

You can legally drink ayahuasca in the U.S. only under specific legal protection: the União do Vegetal, whose ritual use was permitted by a 2006 Supreme Court decision applying only to that group; certain Santo Daime churches, including three in Oregon under a federal judge's ruling applying only to those churches, plus locations in Washington, California and Massachusetts; and the Church of the Eagle and the Condor, which reached a settlement with the DEA in May 2024.

Some cities have deprioritized enforcement without changing the law. Oakland decriminalized entheogenic plants in June 2019, Santa Cruz in January 2020 and Ann Arbor in September 2020. Seattle's 2021 resolution made entheogen investigation and prosecution the lowest enforcement priority, but it did not legalize any controlled substance. Olympia's 2024 Initiative Measure No. 2076 made entheogen enforcement a low priority. Decriminalization is not legalization: federal law still applies.

Public Google reviews and Reddit threads read in November 2026 show frequent confusion on this point. Commentators asked whether the DEA could raid a ceremony, feared churches overstating their legal protection, and noted that Soul Quest 'petitioned the DEA and lost'. Those are reader themes, not our judgment. Anyone weighing attendance should ask the organization for the specific legal instrument that protects it, and confirm with a lawyer.

Sources: Santo Daime, Myths and Realities of Ayahuasca Legality (II), Treading Carefully in Unpredictable Times: Recent Legal Incidents in..., Soul Quest Ayahuasca Church of Mother Earth v. The DEA: Religious...

Is ayahuasca legal in California, Florida, Colorado, Arizona or New York?

No state has legalized ayahuasca. ICEERS states that ayahuasca, which contains DMT, is illegal to import, consume, possess, sell, and distribute in the United States, and that DMT is regulated under Schedule I of the Controlled Substances Act. State differences concern enforcement priorities and local church litigation, not federal illegality.

• California: Oakland and Santa Cruz deprioritized enforcement of entheogen laws in 2019 and 2020, and a registered legal Santo Daime church exists in Los Angeles, per ICEERS. The brew itself remains illegal.
• Florida: home to Soul Quest, which petitioned the DEA for a CSA exemption to use ayahuasca; in December 2023 the Eleventh Circuit held the district court lacked subject matter jurisdiction to review the DEA's denial.
• Colorado: Proposition 122, passed in November 2022, decriminalized personal use and sharing of certain natural medicines, including DMT, under state law and set up a regulated access program for psilocybin. No licensed ayahuasca program exists, and federal law still applies.
• Arizona: the Church of the Eagle and the Condor, whose case was filed in the U.S. District Court of Arizona (case 2:22-cv-01004-SRB), settled with the DEA in May 2024, allowing religious use of Schedule I substances.
• New York: ICEERS documents a case where CBP found that crossing the US-Canada border by car carrying ayahuasca constituted a felony under New York state law.

Sources: United States of America, Legal status of ayahuasca by country, Soul Quest Church of Mother Earth, Inc. v. Attorney General of the..., Law and Policy Map - UC Berkeley Center for the Science of...

Where is ayahuasca legal? Country by country

Brazil has authorized ritual and religious use since 1987, and in Peru traditional use is considered national cultural heritage, with Peru having made a reservation for these traditional uses when signing the 1971 Convention. Elsewhere the picture is mixed.

Crossing borders changes the analysis. ICEERS states that importing ayahuasca can result in criminal prosecution for international drug trafficking even where personal use is decriminalized, and that recipients of shipments can face investigation or arrest depending on the law where the package is received. For comparing destinations, see our Peru versus Costa Rica comparison.

Sources: Legal status of ayahuasca by country, Ayahuasca and the Law, United States of America, Santo Daime

Is ayahuasca legal in South America?

Not everywhere, despite the common claim that ayahuasca is legal throughout South America. ICEERS calls that claim inaccurate and notes legal status varies by country with vacuums and subtleties in each context.

Brazil has one of the most developed frameworks: ayahuasca has been explicitly authorized for ritual and religious use since 1987 under CONAD regulations, and ritual use by children and pregnant women was authorized in 2004. But ICEERS states that only ritual and religious use is allowed there, while workshop, therapeutic and commercial uses have not been affirmed as legal. Colombia has the highest prevalence of ayahuasca, or yage, consumption among countries with official survey statistics, and ICEERS states the Colombian government has never prohibited it. Regulation of traditional healers is not clear or uniform across South American countries.

Sources: Myths and Realities of Ayahuasca Legality (I), Brazil, Colombia: Yagé Territory, Myths and Realities of Ayahuasca Legality (II)

Is DMT legal in Mexico or Europe?

DMT is not legal in the European countries covered here, and in Mexico the practical answer for ayahuasca is 'legal on paper, risky at the airport'. DMT is listed in Schedule I of the 1971 UN Convention, under which states limit its manufacture, distribution and use to medical and scientific purposes.

In Mexico, ayahuasca is not illegal, yet since March 2022 the Mexican navy has arrested eight people for bringing ayahuasca by air through Mexico City's international airport, and an ICEERS press release describes a series of similar cases in which people were jailed for months under Mexico's official pre-trial detention for alleged crimes against health. In Europe, France and Germany explicitly control the active ingredients, the Dutch Supreme Court held the brew controlled, and Portugal's decriminalization does not extend to sale or transport. Laws differ in other European countries, so confirm the specific country with its official publications. See ayahuasca retreats in Mexico for more.

Sources: Ayahuasca and the Law, Legal status of ayahuasca by country, Healer Imprisoned for Ayahuasca is Released, Myths and Realities of Ayahuasca Legality (II)

Can you buy ayahuasca legally?

No. In the United States ayahuasca is illegal to import, consume, possess, sell and distribute. ICEERS warns that recipients of mail-order shipments can face investigation or arrest, and that what matters is the legal status of ayahuasca in the country where the package is received. We do not provide sourcing or purchase information.

For context on what people pay where it is legal: BookRetreats states weekend ceremonies of 2 to 3 days typically cost $500 to $1,200, and retreats of 7 days or more cost $1,500 to $3,500. Reddit threads read in November 2026 cited U.S. prices from $250 per night to $2,000 or more, but those are reader reports, not verified prices. Our cost guide covers this in detail: how much an ayahuasca retreat costs.

Sources: United States of America, Myths and Realities of Ayahuasca Legality (I), 35 Handpicked Ayahuasca Retreats in United States With REAL Reviews •...

What should you do next?

Start with the legal facts, then verify the specific organization. If a church claims an exemption, ask which court order, DEA registration or settlement protects it, and check the named case. ICEERS notes that agricultural import papers or paid taxes do not guarantee legality, since different government agencies can act independently.

• Confirm any organization's legal claim against court records or DEA documents before paying a deposit.
• Ask a licensed clinician about medications and health history before considering a ceremony; see ayahuasca risks and screening.
• If you travel, read the U.S. State Department guidance for that country and never carry ayahuasca across a border.
• For legal questions about your own situation, consult a lawyer familiar with RFRA and the Controlled Substances Act. ICEERS recommends a lawyer who understands DMT versus ayahuasca, CSA exemptions and RFRA defenses.

Sources: Myths and Realities of Ayahuasca Legality (II), Treading Carefully in Unpredictable Times: Recent Legal Incidents in...