Is Ayahuasca Illegal in Australia?

Ayahuasca is a brew originating from the Amazon, containing the psychoactive substance N,N-Dimethyltryptamine or “DMT”.

The possession, use, manufacture, supply, importation, or exportation of ayahuasca, more specifically DMT, is illegal across all States and Territories in Australia, carrying significant criminal penalties.

Here’s what you need to know about what ayahuasca is, the legal status of ayahuasca and potential criminal consequences if you were to use it.

This article is a guide. Contact our office for a confidential consultation with our drug lawyers Sydney team.

What is Ayahuasca?

Ayahuasca was traditionally used in spiritual and healing ceremonies by Indigenous communities in the Amazon Basin, especially in countries like Peru, Brazil, Colombia, and Ecuador. Made from the Banisteriopsis caapi vine and the leaves of the Psychotria viridis plant, it contains the powerful hallucinogenic compound DMT, along with monoamine oxidase inhibitors (MAOIs) that allow DMT to be orally active.

What Happens After Consuming Ayahuasca?

Ayahuasca often induces vivid visual and auditory hallucinations, intense emotional experiences, and a distorted perception of time and space, bringing suppressed emotions or personal traumas to the surface. Many users also report sensations of heightened sensory awareness, out-of-body experiences, and a profound sense of connection to a “higher consciousness.”

As such, ayahuasca is frequently sought out for medicinal and recreational purposes.

How Is Ayahuasca Consumed?

Ayahuasca is normally consumed by drinking it in a tea sized cup.

What are the Side Effects of Consuming Ayahuasca?

The effects of consuming Ayahuasca range from mental to physical. The common reactions according to a study in PLOS Global Health include nausea and vomiting, headaches and abdominal pain. Other side effects that were reported from the study included nightmares and feeling a sense of loneliness.

What are the Benefits of Consuming Ayahuasca?

According to a study in PLOS Global Health, nearly all of the participants of the survey reported positive beneficial effects. Reported beneficial effects of consuming Ayahuasca include assistance in treating depression, substance use disorders, PTSD, eating disorders and anxiety. However, Ayahuasca is a substance that we still know little of and there is yet an absence of a sufficient extent of research to confirm these effects.

Where is Ayahuasca Legal?

Ayahuasca is used widely in South America where the substance is legal, including Brazil and Peru. It is illegal in the United States of America due to the fact that it contains psychedelic N, N-Dimethyltryptamine or DMT. Notwithstanding this, it is still a popular drug to consume in America.

Is Ayahuasca Legal In Australia?

The psychoactive component of Ayahuasca, DMT, is a Schedule 9 prohibited drug, criminalised in all States and Territories in Australia.

Criminal laws apply to the possession, use, manufacture, supply, import and export of the substance with criminal penalties, including imprisonment, attached.

Is Ayahuasca Legal in NSW?

The NSW Drug Misuse and Trafficking Act 1985 (NSW) classifies dimethyltryptamine (DMT), the key component of ayahuasca, as a prohibited drug.

Section 10 of the Act states a person found in the possession of a prohibited drug in NSW is guilty of offence, punishable with a maximum penalty of two years imprisonment and/or a fine of $2,200. Similar prohibitions apply across other Australian jurisdictions.

Section 25 of the Act outline the offence of supplying a prohibited drug, including DMT, which carries significant penalties depending on the quantity of DMT involved.

A person found supply a small quantity of DMT (0.8 grams or 4 dosage units), can face a $5,500 fine and/or 2 years imprisonment if heard in the Local Court, or a $220,000 fine and/or 15 years imprisonment if heard in the District Court.

A person found supplying a traffickable quantity of DMT (3 grams or 15 dosage units) can face an $11,000 fine and/or 2 years imprisonment if heard in the Local Court, or a $220,000 fine and/or 15 years imprisonment if heard in the District Court.

A person found supplying an indictable quantity of DMT (5 grams or 25 dosage units) can face an $11,000 fine and/or 2 years imprisonment if heard in the Local Court, or a $385,000 fine and/or 15 years imprisonment if heard in the District Court.

A person found supplying a commercial quantity of DMT (0.5 kg) can face a $385,000 fine and/or 20 years imprisonment.

A person found supplying a large commercial quantity of DMT (2 kg) can face a $550,000 fine and/or life imprisonment.

Additionally, if a person is found in possession of DMT in quantities over the trafficable quantity (3 grams), there is a prima facie case for the offence of supply under section 25 of the Act. This classification of DMT means that even small amounts of ayahuasca can result in serious criminal charges in NSW.

Is Ayahuasca Legal in Victoria?

The use, possession, and supply of ayahuasca (more specifically DMT) is criminalised in Victoria under the Drugs, Poisons and Controlled Substances Act 1981 (Vic).                                                   

Is Ayahuasca Legal in Queensland?

The use, possession, and supply of ayahuasca (more specifically DMT) is criminalised in Queensland under the Drugs Misuse Act 1986 (Qld).

Is Ayahuasca Legal in Tasmania?

The use, possession, and supply of ayahuasca (more specifically DMT) is criminalised in Tasmania under the Misuse of Drugs Act 2001 (Tas)

Is Ayahuasca Legal in the ACT?

The use, possession, and supply of ayahuasca (more specifically DMT) is criminalised in the ACT under the Drugs of Dependence Act 1989 (ACT).

Although the ACT has decriminalised the possession of small amounts of some illicit drugs, this has not extended to the possession and use of DMT.

Is Ayahuasca Legal in South Australia? 

The use, possession, and supply of ayahuasca (more specifically DMT) is criminalised in South Australia under the Controlled Substances Act 1984 (SA).

Is Ayahuasca Legal in the Northern Territory?

The use, possession, and supply of ayahuasca (more specifically DMT) is criminalised in the Northern Territory under the Misuse of Drugs Act 1990 (NT).

Is Ayahuasca Legal in Western Australia? 

The use, possession, and supply of ayahuasca (more specifically DMT) is criminalised in Western Australia under the Misuse of Drugs Act 1981 (WA).

Can You Import Ayahuasca into Australia?

The importation of ayahuasca into Australia is criminalised Federally under the Criminal Code Act 1995 (Cth).

DMT is classified under the Code as a “border-controlled drug”, meaning it is an offence to possess the drug if it has been unlawfully imported under sections 307.5 – 307.7 of the Code. Maximum penalties depend on the quantity of the unlawfully imported drug:

• If DMT is possessed in a commercial quantity (2 kilograms) the maximum penalty is life imprisonment under section 307.5 of the Code.
• If DMT is possessed in a marketable quantity (2 grams) the maximum penalty is 25 years imprisonment under section 307.6 of the Code.
• In all other cases, the maximum penalty is 2 years imprisonment.

Are There Exemptions for Religious or Therapeutic Use of Ayahuasca?

There are no exceptions in Australia for the possession of ayahuasca for religious or therapeutic purposes.

By Jarryd Bartle and Jimmy Singh.

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