Ayahuasca and DMT: Laws and Penalties for Possession

Ayahuasca is certainly having a moment. It's made news headlines, shown on screen, and promoted for retreats and potential mental health benefits. Celebrities talk about it, as do medical and mental health practitioners and researchers. But, trending or not, it remains illegal to brew, consume, possess, or cultivate under federal and most state laws.

What Is Ayahuasca? What Is DMT?

Ayahuasca (pronounced eye-ah-WAH-ska) is a plant-based psychedelic—typically served in a brewed form. Indigenous groups in South America have used it for centuries in religious practices and rituals. The active chemical in Ayahuasca is dimethyltryptamine (DMT).

DMT, taken alone, is usually snorted, smoked, or injected. It's used for its psychoactive effects. It tends to have an intense but short duration that doesn't last as long as other hallucinogens, such as LSD.

The psychological effects of DMT and Ayahuasca include visual hallucinations, depersonalization, and auditory distortions. Physiological effects can include hypertension, increased heart rate, agitation, seizures, dizziness, and vomiting.

Is Ayahuasca Legal? Is DMT Legal?

Federal law and most states classify DMT—the active ingredient in Ayahuasca—as a Schedule I drug. Drugs placed in Schedule I have no currently accepted medical use.

Federal Charges and Penalties: Illegal Possession of DMT

Federal law makes simple possession of DMT a misdemeanor, punishable by up to one year in prison and a minimum $1,000 fine. Subsequent simple possession convictions carry minimum sentences for both fines and incarceration. A second conviction can mean 15 days to 2 years behind bars and a minimum $2,500 fine. Third and subsequent convictions have a 90-day minimum sentence and a $5,000 minimum fine. The maximum sentence for these repeat offenders goes up to three years.

(21 U.S.C. §§ 812, 844 (2024).)

State Charges and Penalties: Illegal Possession of DMT

State penalties for drug possession crimes vary. But, in nearly all states, DMT is a Schedule I drug and illegal possession is a crime. For instance, simple possession of DMT carries misdemeanor penalties of 180 to 364 days of possible jail time in California, New York, Oregon, and Washington.

(Cal. Health & Safety Code §§ 11054(d), 11377 (2024); N.Y. Penal Law § 220.03 (2024); N.Y. Pub. Health Law § 3306 (2024); Or. Rev. Stat. § 475.752 (2024); Or. Laws ch. 70 (2024); Or. Bd. of Pharm. Rules 855-080-0021 (2024); Wash. Rev. Code §§ 69.50.204, 69.50.4013 (2024).)

Isn't Ayahuasca Legal in Some Places for Religious or Therapeutic Uses?

Lately, there's been a lot of confusion regarding the legality of Ayahuasca, DMT, and other psychedelics.

Federal law. Despite its popularity and use at retreats, it remains illegal under federal law in all states. Only two religious organizations—Santo Daime and Uniano de Vegetal (UDV)—have official exemptions for religious uses of Ayahuasca under the federal Religious Freedom Restoration Act (RFRA). (42 U.S.C. § 2000bb-1 (2024).)

State laws. Under state law, only Colorado law contains an exception to criminal penalties for personal use of DMT (and other natural medicines) by adults 21 and older. Personal use is limited to private consumption. Open and public consumption is prohibited. (Colo. Rev. Stat. § 18-18-434 (2024).) Oregon previously decriminalized simple possession crimes (including possession of DMT), but the state reinstated criminal penalties for simple possession crimes as of September 1, 2024. (Or. Rev. Stat. § 475.752 (2024); Or. Laws ch. 70 (2024).)

City resolutions. Several cities have enacted resolutions (but not laws) that make investigations and arrests for possession and use of entheogenic plants (including those used to make Ayahuasca) among the lowest priority for law enforcement resources. However, these resolutions don't affect the legality or illegality of Ayahuasca or DMT. While local law enforcement and prosecutors may follow such prioritization statements, other county, state, and federal officials are not bound by these resolutions.

Talk to a Lawyer

If you face criminal charges for possession of DMT or Ayahuasca, talk to a criminal defense attorney. A defense attorney can also tell you what charges or penalties you could face if you're contemplating attending a retreat or consuming the drug on your own.