Is 5-MeO-DMT (Bufo / Toad) legal in South Africa?
- Legal status
- Controlled as an undesirable dependence-producing substance under Schedule 2 Part III of the Drugs and Drug Trafficking Act 140 of 1992.
- Consequences if caught
- This is reached by the ester and ether limb rather than by the homologue limb. Part III prints "Bufotenine (N,N-dimethylserotonin)." which is the 5-hydroxy compound, and paragraph 2 (b) extends every entry to "(b) the esters and ethers of the specified substances or plants and of the isomers referred to in subparagraph (a), as well as the isomers of such esters and ethers, where the existence of such esters, ethers and isomers is possible;" The substance's own systematic name, 5-methoxy-N,N-dimethyltryptamine, states that it is the methyl ether of that printed compound. Part III separately prints "Dimethyltryptamine [3-(2-(dimethylamino)-ethyl)-indole]." which is the same molecule without the 5-substituent. Section 4 (b) forbids the use or possession of any dangerous dependence-producing substance or undesirable dependence-producing substance. Section 13 (d) makes that an offence and section 17 (d) fixes the penalty at such fine as the court may deem fit to impose, or imprisonment for a period not exceeding 15 years, or both. Dealing is section 5 (b), made an offence by section 13 (f) and punished under section 17 (e) by imprisonment for a period not exceeding 25 years, or by both that imprisonment and such fine as the court may deem fit to impose. The reader should note how wide dealing is: section 1 defines deal in to include transhipment, importation, cultivation, collection, manufacture, supply, prescription, administration, sale, transmission and exportation. Capital exposure: none, and life exposure: none. Section 17 sets out the whole penalty scale of this Act and its highest figure is 25 years for dealing; no provision of the Act carries a death sentence or a sentence of life imprisonment.
- If prescribed or medical
- The Act's own lawful route is the set of exceptions in section 4, paragraphs (i) to (vi). A patient falls outside section 4 only where the substance was acquired from a medical practitioner, dentist or practitioner acting in a professional capacity and in accordance with the Medicines and Related Substances Control Act 101 of 1965, or from a pharmacist on that person's oral instruction or written prescription, and is used for medicinal purposes under that person's care or treatment. Section 2 states that this Act applies in addition to, and not in substitution for, the Medicines Act. The Medicines Act schedules themselves are not held in this repository and were not read for this cell, so no medicine schedule number is stated here. Nothing read for this cell shows a medicine route for this substance in South Africa.
- Documentation
- Search record. The terms searched were 5-meo-dmt, 5-methoxy-DMT, bufotenine, Bufo alvarius and mebufotenin. No exact entry is printed. The finding rests on paragraph 2 (b), quoted above. [Certain] that the 5-methoxy compound is the methyl ether of the 5-hydroxy compound, which is what the two names say. The dossier put this row on the homologue limb and marked it not verified; the ether limb settles it without needing the homologue limb at all. The text read for this cell is the Juta consolidation of the Act downloaded on 29 May 2025, taken from the Department of Justice copy at justice.gov.za whose sha256 begins bc1216a3. It carries the substitution of Schedules 1 and 2 by section 2 of Act 14 of 2022 with effect from 14 December 2022, and it marks section 7 of the Cannabis for Private Purposes Act 7 of 2024, the provision that would amend Schedule 2 again, as not yet put into operation by proclamation. The schedules are stated as at that consolidation and this does not rule out a later amendment made or commenced since.
- Drugs and Drug Trafficking Act 140 of 1992, Schedule 2 Part III, paragraph 2 (b) applied to the printed bufotenine entry
- Drugs and Drug Trafficking Act 140 of 1992, ss 1, 2, 3, 4, 5, 13, 17 and 19, with Schedules 1 and 2
- justice.gov.za
- read from the cached text at research/instruments/south-africa/za-drugs-act-140-1992.txt, 84,091 bytes, against the.pdf beside it at 127,460 bytes
- the consolidation is dated 29 May 2025 and carries the Act 14 of 2022 substitution of both schedules with effect from 14 December 2022
Court records
We have not yet assessed whether court records are publicly available for this jurisdiction.
Other substances confirmed in South Africa
Drug laws and enforcement change and vary within a country. This is not legal advice. Always confirm with South Africa’s embassy or official drug authority before traveling; penalties can be severe, including imprisonment.
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