Is Ayahuasca legal in Brazil?

Legal status

Ayahuasca is uniquely protected in Brazil: although its active alkaloid DMT is a controlled Schedule I substance, the brew itself is NOT prohibited for religious use. CONAD Resolution No. 1 of 25 January 2010 (National Council on Drug Policies, Ministry of Justice) authorises the ritual religious use of ayahuasca (Santo Daime, Uniao do Vegetal), grounded in the constitutional freedoms of belief and worship.

Consequences if caught

Ritual religious consumption of the ayahuasca brew by recognised churches is authorised and not penalised; commercial sale, tourism-oriented supply, non-religious trafficking, or DMT extracted from the brew remain controlled-substance offences under the Drug Law No. 11.343/2006.

If prescribed or medical

Ayahuasca is not a prescription medicine in Brazil; it is regulated as a religious sacrament under the CONAD framework rather than through the pharmaceutical/medical system. Isolated DMT has no approved medical product.

Documentation

CONAD Resolution No. 1/2010 sets the ethical and procedural rules for religious use and scientific research of ayahuasca; it continues a line (1980s CONFEN review, 2004 working group) that keeps the brew off the prohibited list for religious purposes while DMT itself stays scheduled.

Drug laws and enforcement change and vary within a country. This is not legal advice. Always confirm with Brazil’s embassy or official drug authority before traveling; penalties can be severe, including imprisonment.