Myths and realities with legality about the Holy Medicine of the Holy and Divine Mother Ayahuasca 

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MYTH

REALITY

1

The Holy Medicine of the Holy and Divine Mother Ayahuasca is legal to consume in any of the South American countries like Brazil.

The legal status in reality varies from country to country, with specific vacuums and subtleties for each situation.

For example, in Brazil the Holy Medicine is exempted to be consumed as part of ritual and religious process. However, models such as workshop, therapy and commercial ‘consumption’ have not been affirmed as legal.

2

The Holy Medicine is considered to be a cultural heritage and therefore legal to consume anywhere.

FALSE.

Although the Holy Medicine is a cultural heritage, the situation with drug legislation and law enforcement depend on other factors. In Peru and some other countries, the Holy Medicine is a cultural heritage and also legal.

However, in some other countries the Holy Medicine is not indigenous and not considered as a cultural heritage.

3

Purchasing the Holy Medicine from online are Legal. If it was not, they would not be selling it, isn’t it?

FALSE.

Many online retailers have began to offer the Holy Banisteriopsis Caapi vine and Psychotria Viridis through their website. The Deep Web have also been offering the Holy Medicine.

Depending on which country you are in, there are some ambiguity surrounding legal status and there may be a risk to the online sellers as the recipient may also be faced with investigation or even arrest.

Anyone who is ordering online must be aware of the legal status in the country where the Holy Medicine is received as the legal status of the country will determine the actions of the law enforcement.

4

A legal church or group can legally import or export of the Holy Medicine.

FALSE.

There is a world of difference between being legally allowed to have Consumption and to be able to import or export. Although personal consumption may be decriminalized, importing the same can result in criminal prosecution due to being considered as international drug trafficking.

For example, although the Church of Santo Daime and Uniao De Vegetal may legally offer the Holy Medicine for consumption as Holy Sacrament in their churches, they will still face legal challenges importing it.

5

Certain groups which promote Sacred Ceremonies through website are legal because they have a website, and their Sacred Ceremonies are available on Facebook. If they were actually illegal, they would have been arrested by now, right?

False.

Groups conducting Sacred Ceremonies in countries where the Holy Medicine may be illegal for consumption could potentially be violating the law and they are likely to get arrested in the future.

6

Since one country allows to legally export the Holy Medicine, it will be legal to import the Holy Medicine in any country.

FALSE.

To legally be able to import the Holy Medicine, the importation and exportation must be legal in both the countries where the importer and exporter must approve the transfer of the Holy Medicine amongst them.

7

If there is a police raid during a Sacred ceremony, only the organisers would get arrested or get into trouble.

There are records of police raids during Sacred ceremonies where the police have arrested both leaders and participants, and have had investigations into the computers of leaders which led to arrests of participants.

8

As long as you have full faith in the Holy Medicine or in the spiritual alliances, or if the intention you hold is good, you will be protected by spirits, and nothing bad can happen to you.

The personal faith and spiritual beliefs are subjective in nature. Often, your intentions may be coming a ‘desire’ to attend or organise a Sacred Ceremony rather than from a ‘spiritual calling’. Additionally, the logic of law enforcement is random and they are well organized, even transnationally and have arrested leaders who would have been expected to be protected by the spirits. Also, in mestizo shamanism, it is believed that a spirit may also leave a shaman for any reason suddenly. Therefore, attend Sacred Ceremonies knowing the law properly.

9

South American shamans, where the Holy Medicine is legal to consume, can legally import and administer the Holy Medicine in the U.S. or in the Europe.

FALSE.

Many indigenous shamans have been arrested in the U.S. and deported. Their Holy Medicine had also been seized at the airport. Although they can put up defence and arguments, in the eyes of law they are seen as traffickers.

10

The Holy Medicine contains very little DMT, and therefore is legal for consumption.

Although, the Holy Medicine, when prepared with DMT admixtures from Plants, and pure extracted DMT are very different from cultural, juridical, and pharmacological/ psychological perspective, the legal standing can be quite complicated surrounding this issue.

As, in some countries DMT is a controlled substance, the Holy Medicine, when prepared with DMT admixture from Plants, may be perceived as a ‘DMT preparation’, and therefore, the law enforcement may take action according to such logic regardless of the quantity of the DMT contained with the Holy Medicine.