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Legality · 5-MeO-DMT (Bufo / Toad)

Is 5-MeO-DMT (Bufo / Toad) legal in Kazakhstan?

Confirmed against a primary sourceVerified September 21, 2026
Legal status
5-MeO-DMT is not named in Kazakhstan's controlled list, and the route that reaches it is the analogue rule rather than an entry of its own. Government Resolution No. 470 of 3 July 2019 approves three documents and the third of them is the Список заместителей атомов водорода, галогенов и (или) гидроксильных групп в структурных формулах наркотических средств, психотропных веществ, a list of 82 live monovalent and 15 live divalent substituents, the monovalent keys running 1.1 to 1.75 with seven inserted at 1.2-1, 1.2-2, 1.2-3, 1.2-4, 1.43-1, 1.49-1 and 1.55-1, and 2.16 repealed. Each table of the Список closes with a line extending it to analogues of the substances in that section, and the Сводная таблица states that the sizes for an analogue are the sizes of the substance it is an analogue of. The parent entry here is ДМТ at item 5 of Таблица I section В, whose sizes are 0-0,02 grams, 0,02-1,0 grams and above 1,0 grams. 5-MeO-DMT is dimethyltryptamine carrying a methoxy group on the indole ring where the listed compound carries a hydrogen. A related methoxylated tryptamine, 5-MeO-DALT, is listed outright at item 55, which shows the drafter reaching this corner of the family by name where it chose to. The substituent relied on is метокси, methoxy, item 1.28 of the substituent list. [Certain] that the parent entry, its sizes and the substituent all appear as described, all three re-derived from the instrument in this pass. [Likely] that the analogue rule reaches 5-MeO-DMT, because applying it is a chemical judgement that an expert report makes in the individual case and not something the text performs by itself. The copy read carries the amendment of 24 February 2026 made by Government Resolution No. 111, and the Сводная таблица is wholly in that redaction, so every size quoted here is the 24 February 2026 text, and a later amendment adding this substance by name is not ruled out. The list read for this row is the Список approved by Postanovlenie Pravitelstva Respubliki Kazakhstan No. 470, in the redaction of 24 February 2026 No. 111, which the copy read states at its own Snoska and in its metadata panel. [Likely] No later redaction was read in this pass, so a subsequent one naming this substance outright is not ruled out and this absence is stated as at that version rather than as at today, and it does not rule out a later redaction.
Consequences if caught
Capital exposure: none. Kazakhstan has abolished the death penalty. No capital punishment remains available anywhere in its Criminal Code, because the law of 29 December 2021 numbered 89-VII on abolition replaced the words carrying it in Article 11 with life imprisonment, and Article 46 now names life imprisonment as the heaviest penalty the Code holds. Those sizes decide the charge. Under Criminal Code Article 296 a quantity below крупный draws a fine of up to 160 monthly calculation indices or arrest of up to 40 days, a крупный quantity up to 200 indices or 50 days, and only an особо крупный quantity carries prison, three to seven years under part 4. Article 296 part 1 is the separate offence of non-medical consumption in a public place. Anything done with intent to supply moves to Article 297, five to eight years with confiscation at part 1 and fifteen to twenty years at part 4, while Article 297-1, which the law of 2 January 2025 No. 150-VIII inserted, punishes manufacture and processing for supply and reaches life imprisonment. The size band that decides all of this comes from the parent entry, ДМТ, whose figures are 0-0,02 grams, 0,02-1,0 grams and above 1,0 grams, because the Сводная таблица assigns an analogue the sizes of the substance it is an analogue of. Article 296 also carries a note releasing from liability under that article a person who voluntarily hands the substance over, seeks medical help or actively assists in uncovering a related offence. [Likely] The Criminal Code articles and their year ranges in this cell were read from secondary consolidations rather than from an official publisher in this pass. Two independent consolidations agree on them, and the Code's own article text was not reached: the state portal served only its contents list. The abolition of the death penalty, by contrast, was confirmed against the Code itself and is tagged [Certain] where it appears. [Likely] Carried from the entry published before this batch and not re-derived in this pass: the two middle rungs of that ladder are six to ten years for part 2 and seven to twelve years for part 3.
If prescribed or medical
The Resolution gives 5-MeO-DMT no entry of its own, so it gives it no prescribing route either. The parent entry sits in a schedule that does carry a medical characterisation, but an analogue is reached for the purposes of control and seizure sizes rather than being placed in a schedule with a medical status, so nothing here creates a prescription route for 5-MeO-DMT and a foreign prescription would not supply one.
Documentation
Provenance. The parent entry, its size row and the substituent list were all read from the consolidated text of Government Resolution of the Republic of Kazakhstan No. 470 of 3 July 2019 approving the Список наркотических средств, психотропных веществ и прекурсоров, подлежащих контролю в Республике Казахстан and the Сводная таблица of small, large and particularly large sizes at https://zakon.uchet.kz/rus/docs/P1900000470 on 2026-09-21, with the tables parsed by column position so that a blank небольшой размер cell is read as blank. The copy read carries the amendment of 24 February 2026 made by Government Resolution No. 111, and the Сводная таблица is wholly in that redaction, so every size quoted here is the 24 February 2026 text, and this cell records an absence of a named entry, so a later amendment adding 5-MeO-DMT by name is expressly not ruled out. Russian names are quoted as the instrument prints them, with the Список entries put into ordinary case because the list prints them in capitals.
Primary sources
  • Kazakhstan, Government Resolution of the Republic of Kazakhstan No. 470 of 3 July 2019 approving the Список наркотических средств, психотропных веществ и прекурсоров, подлежащих контролю в Республике Казахстан and the Сводная таблица of small, large and particularly large sizes, together with the Список заместителей атомов водорода, галогенов и (или) гидроксильных групп approved by the same Resolution, read at https://zakon.uchet.kz/rus/docs/P1900000470 on 2026-09-21
  • the copy states с изменениями на 24.02.2026. Criminal Code of the Republic of Kazakhstan, Code No. 226-V of 3 July 2014, articles 296, 297 and 297-1, read at https://prg.kz/Document/?doc_id=31575252
  • the death penalty was removed from that Code by the Law of 29 December 2021 No. 89-VII.

Court records

We have not yet assessed whether court records are publicly available for this jurisdiction.

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