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Legality · 5-MeO-DMT (Bufo / Toad)

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

Confirmed against a primary sourceVerified October 2, 2026
Legal status
5-MeO-DMT is not named in lijst I, lijst IA or lijst II. The unsubstituted parent is named, and lijst I prints «N,N-dimethyltryptamine, DMT | 3-[2-(dimethylamino)ethyl]indol» with a description that carries no 5-methoxy group. No Opiumwet offence arises from it as such.
Consequences if caught
Lijst IA carries four substance groups: substanties die zijn afgeleid van 2-fenethylamine, cannabimimetica en synthetische cannabinoïden, substanties afgeleid van 4-aminopiperidine, and benzimidazol opioïden, the nitazenen. For the 2-fenethylamine group the printed definition admits a closed list of eighteen ring systems at structuurelement A: fenyl, naftyl, tetralinyl, methyleendioxyfenyl, ethyleendioxyfenyl, furyl, pyrrolyl, thiënyl, pyridyl, benzofuranyl, dihydrobenzofuranyl, indanyl, indenyl, tetrahydrobenzodifuranyl, benzodifuranyl, tetrahydrobenzodipyranyl, cyclopentyl and cyclohexyl. An indole is not among the eighteen, and the list's practice of naming each tryptamine separately, including the 5-substituted 5-IT, points the same way. No authorised medicinal product contains it in the Netherlands. Article 10 carries the penalties for lijst I. Intentionally having the substance present, the limb at article 2 under C, carries imprisonment of up to 6 years. Intentionally cultivating, preparing, processing, selling, delivering, supplying, transporting or manufacturing it, article 2 under B and D, carries up to 8 years. Intentionally bringing it into or out of Netherlands territory, article 2 under A, carries up to 12 years, so the trafficking and import limbs run from 8 to 12 years. Where the presence, or the bringing into or out of the territory, concerns a small quantity intended for own use, article 10, sixth limb, lowers the ceiling to 1 year or a fine of the third category; it does not reach the article 2 under B and D acts. The fine on the serious limbs is the fifth category, which the Criminal Code prints at 67.000 euro with an editorial note recording 110.000 euro from 1 January 2026. Article 11 carries the penalties for lijst II. Acting intentionally against article 3 under B, C or D carries imprisonment of up to 2 years, and up to 6 years where the person acts in the exercise of a profession or business. Intentionally bringing it into or out of the territory, article 3 under A, carries up to 4 years. Where the offence concerns a large quantity the two year and the four year cases both rise to 6 years. Article 1 of the Opiumwetbesluit fixes that large quantity at 500 gram hennep, 200 hennepplanten or 500 units of another lijst II substance. The fine is the fifth category, printed at 67.000 euro with an editorial note recording 110.000 euro from 1 January 2026. Article 2a carries the lijst IA prohibition and article 10b its penalties. Acting intentionally against it carries imprisonment of up to 6 years. Acting without intent carries hechtenis of up to 3 months. Where intentional import, export or presence concerns a small quantity for own use the ceiling is 6 months. Article 10c adds up to 3 years for preparatory acts. The fine is the fifth category on the intentional offence and the third category on the others, printed at 67.000 euro and 6.700 euro with editorial notes recording 110.000 euro and 11.000 euro from 1 January 2026. This row is placed outside that regime, so they are recorded as the Netherlands' published drug penalties and not as this substance's exposure. This is stated as at the Opiumwet consolidation in force from 17 September 2026, read at wetten.overheid.nl on 22 September 2026, and it does not rule out a later amendment.
If prescribed or medical
The Opiumwetbesluit prescription regime does not apply, because article 2 of that decree governs the prescribing of Opiumwet substances and this is not one. Carry any prescribed medicine in its original packaging with the prescription.
Documentation
No Opiumwet documentation requirement arises, because the Opiumwet documentation regime attaches to its own listed substances and this is not one. For a prescribed Opiumwet medicine on Schengen travel the route is a Schengen certificate issued via the CAK under article 75 of the Schengen Implementing Convention, valid 30 days and covering up to 4 Schengen countries, with a legalised English-language medical certificate valid 1 year for travel beyond Schengen.
Primary sources
  • Opiumwet, artt. 1, 2, 2a, 3, 3a, 3aa, 10, 10b, 10c and 11, and lijsten I, Ia and II
  • wetten.overheid.nl
  • geldend van 17-09-2026, read 22 September 2026
  • Opiumwetbesluit
  • wetten.overheid.nl
  • geldend van 01-01-2023
  • Aanwijzing Opiumwet, prosecution policy of the Openbaar Ministerie
  • wetten.overheid.nl
  • geldend van 01-03-2015
  • Wetboek van Strafrecht art. 23, fine categories
  • wetten.overheid.nl

Court records

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

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