Is Ayahuasca Legal in the United States? Understanding the Laws by State and Context

Ayahuasca has been around for centuries, used by indigenous people in rituals dating back to around 2400 BC Naranjo. However, it isn’t until recently that it gained popularity in the West, mostly for its perceived mental health benefits.

But what exactly is ayahuasca, and is ayahuasca legal in the United States? This article discusses everything you need to know about ayahuasca, including how it affects the mind, its dangers, and the legal consequences of owning, using, or distributing ayahuasca.

What Is Ayahuasca?

Ayahuasca (eye-ah-wah-ska) is a brew made of plants containing DMT (dimethyltryptamine) and MAOIs (monoamine oxidase inhibitors) like Banisteriopsis caapi, Psychotria viridis, and/or Diplopterys cabrerana, depending on the region and method of preparation. DMT is a psychedelic, while MAOIs act as antidepressants.

Ayahuasca has been around for centuries, used in shamanic ceremonies by Indigenous tribes in the Amazon and countries like Peru, Colombia, Brazil, and Ecuador to achieve spiritual healing and cleansing.

The drink is usually brewed into a tea or concentrated liquid, but can also be smoked. The brew itself is brown or reddish in color and tastes extremely bitter, earthy, and acrid.

What Does Ayahuasca Taste and Smell Like?

Some people describe the taste of ayahuasca to be a mix of jungle soil, bile, decaying plant matter, and “like someone boiled their dirty socks for a few hours.”

Others claim it’s more akin to bitter chocolate, tobacco juice, or stale espresso. The odor is equally strong and off-putting, often described as earthy, woody, and reminiscent of mold or decaying matter.

Many consider the off-putting taste and smell of Ayahuasca an integral part of the ritual, mostly as a way to prepare people for the intense experience ahead.

What Do Ayahuasca Rituals Look Like?

According to research published in the Mental Health Clinician, ayahuasca rituals are conducted in darkness or near-darkness to encourage introspection and can last up to six hours.

The shaman and assistants sing healing songs to channel spiritual energy and communicate with plant spirits. Typically, the ritual outlasts the effects of Ayahuasca by a few hours.

How Is Ayahuasca Prepared?

The exact preparation method of ayahuasca differs from region to region. However, it generally involves cleaning, pounding, and boiling vines and leaves over the course of several days.

The ingredients are added separately to the water and boiled for several hours, often with repeated reductions to concentrate the brew.

The procedure is considered sacred and intentional, and often includes prayers.

How Does Ayahuasca Affect the Mind?

The key ingredients of Ayahuasca contain DMT (dimethyltryptamine), a powerful psychedelic compound that induces intense visual and auditory hallucinations. Ayahuasca also contains MAOIs (monoamine oxidase inhibitors), a type of antidepressant.

In controlled settings (i.e., during rituals led by shamans), these hallucinations are often described as dreamlike and emotionally cathartic, likely because of the mental preparation leading to the ceremony.

In recreational settings, ayahuasca may trigger anxiety, paranoia, or even psychosis, especially with first-time users.

The effects typically begin within an hour of consumption and may last several hours. However, some users report long-term effects like difficulty sleeping, ongoing hallucinations, and the development or worsening of neurological diseases.

Is Ayahuasca Legal in the United States?

Ayahuasca isn’t legal in the United States because it contains DMT, a Schedule I controlled substance. Ayahuasca has no approved medical use in the US, and individuals using, distributing, or selling Ayahuasca will be prosecuted.

That said, the federal law does have some religious exemptions to ayahuasca use.

Some religious groups like the O Centro Espírita Beneficente União do Vegetal (UDV) and Santo Daime churches—which have several active communities in Colorado, Florida, Texas, Connecticut, and Washington—have obtained federal exemptions allowing them to import, distribute, and consume ayahuasca under the Religious Freedom Restoration Act (RFRA).

This exception is only valid if ayahuasca is taken as part of their sacramental ceremonies. Recreational use is still illegal and can result in:

• Jail time of between 180 and 364 days for first-time offenders (possession).
• Jail time of up to three years for repeat offenders (possession).
• Jail time of up to 20 years for importing or distributing.
• Fines of between $1,000 and upwards of $5,000, depending on the number of offenses.

The severity of the penalty varies from state to state.

Some states and municipalities like Colorado, Oregon, and Oakland (California) have decriminalized or deprioritized plant-based entheogens.

This means that while the brew itself isn’t legal, law enforcement considers the possession and use of ayahuasca as a low priority. Individuals who use ayahuasca in small amounts may still face legal consequences, but they’re usually only several days of jail time or a minimum fine.

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What Are Ayahuasca Retreat Centers, And Do They Exist In the United States?

Ayahuasca Retreat Centers are specialized facilities that offer guided ayahuasca ceremonies in a safe, supportive, and spiritual environment. These retreats are led by experienced shamans and often include healing practices such as breathwork, meditation, or psychotherapy.

Ayahuasca Retreat Centers do exist in the United States, though their legality is a bit of a gray area due to the federal restrictions on DMT.

Many retreats bypass this restriction by operating under the umbrella of religious organizations or Native American church affiliations.

Even then, the requirements of opening an ayahuasca retreat are extremely strict and are scrutinized by law enforcement. Admission is often expensive, with prices starting from $900 per person.

Is Ayahuasca Dangerous?

Even in controlled settings, ayahuasca can cause intense psychological and physical effects like vomiting, nausea, anxiety, and hallucinations. The intensity of these effects varies from person to person, as well as the strength and makeup of the drink. 

While most people report positive experiences, ayahuasca is an inherently dangerous drink. It isn’t uncommon for people to experience severe illness or even die after partaking in the drug, especially in informal settings.

Some fatal cases are linked to pre-existing psychiatric disorders or cardiovascular problems. Others were linked to tobacco poisoning during religious ceremonies, hyponatremia (water overdose), and fractures as a result of mania.

In these cases, ayahuasca isn’t the direct result of death but rather an indirect consequence. According to psychologist and drug expert Dr. Robert S. Gable, the amount of ayahuasca needed to cause death is about 20 times more than what’s needed to feel its effects.

For comparison, the lethal dose of alcohol is 10 times its active dose, and cocaine’s is 15 times. Since ayahuasca is extremely unpleasant in taste and smell, it’s almost impossible to drink a fatal dose. Even if someone does, they would likely vomit it out before getting poisoned.

Still, this doesn’t mean that you should partake in ayahuasca. Even though the risk of a fatal overdose is practically non-existent, the ayahuasca tea can still cause serious physical and psychological effects.

There’s no proven method of safely using ayahuasca, even during rituals. The effects of the drug are unpredictable, and since there’s no official “recipe” for the brew, it may contain ingredients that can negatively impact your health. The dosage might also be higher than what your body can take.

Does Ayahuasca Have Medical Applications?

Outside the perceived spiritual benefits, some researchers believe that ayahuasca—or rather the ayahuasca experience—holds therapeutic potential for mental health disorders such as depression, anxiety, PTSD, and even substance use disorder.

In controlled studies, scientists found that ayahuasca reduces activity in the brain’s Default Mode Network (DMN), which makes it easier for people to process their emotions, self-reflect, and interact socially. This effect is somewhat similar to meditation, which many find healing.

Other research suggests that certain chemicals found in ayahuasca may have the ability to repair damaged brain cells and even stimulate their growth. If true, it could potentially treat brain conditions that are believed to be irreversible, like Alzheimer’s and Dementia.

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Published on: 2025-06-30
Updated on: 2025-07-09