Is Ayahuasca legal in Netherlands?

Legal status

In the Netherlands the ayahuasca brew is treated as a List I 'hard drug' under the Opium Act (Opiumwet) because it contains DMT, a List I substance; and unlike the earlier tolerance the preparation now has NO religious exemption, as the Hoge Raad (Supreme Court) held in its 2018 ruling that Santo Daime's ritual import of ayahuasca falls squarely under the Opium Act prohibition, ending roughly seventeen years of court-granted religious tolerance.

Consequences if caught

Import, possession and distribution of the ayahuasca brew are Opium Act List I offences; the previous religious-use defence under ECHR Article 9 was rejected as justified by the protection of public health.

If prescribed or medical

Ayahuasca has no medical or prescription status in the Netherlands; DMT is a prohibited List I substance with no approved medicinal product.

Documentation

The Opiumwet lists DMT on List I; the 2018 Hoge Raad decision removed the religious-use exemption that Amsterdam courts had recognised in the 2001 and 2009 Santo Daime cases.

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