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Legality · Ayahuasca

Is Ayahuasca legal in New Zealand?

Confirmed against a primary sourceVerified September 21, 2026
Legal status
Controlled as a preparation, not as a named brew. Ayahuasca is a brew traditionally prepared from DMT-containing and monoamine oxidase inhibiting plants, and the Misuse of Drugs Act 1975 does not schedule it by that traditional name; Schedule 1 controls dimethyltryptamine and preparations containing it, so a brew containing DMT is a Class A preparation. DMT has its own row in this table and is named in Schedule 1, and it is the preparations limb attached to that entry, not any entry for the brew, that carries this finding. The consequence is that the finding follows the content of the liquid rather than its cultural description, and a brew that contains DMT is Class A however it was prepared or why. This was read against the consolidation current at 20 September 2026; the 2026 Classification and Presumption of Supply Order was made but no commencement instrument was located by that horizon, so nothing it proposes is treated as law here.
Consequences if caught
Capital exposure: none. New Zealand has no death penalty. The exposure that does exist is a life ceiling: section 6 sets life imprisonment as the maximum for dealing in a Class A controlled drug, and a DMT-containing brew is a Class A preparation, so importing or supplying ayahuasca carries that ceiling. It is a maximum and not a mandatory term. Possession falls under section 7 at a maximum of 6 months. Bringing a quantity into the country is an import under section 6 rather than a possession question, which is the distinction that most often surprises people about this substance.
If prescribed or medical
Not established for a traveller. This dossier carries no country-level rule for entering New Zealand with a prescribed medicine: it records that medicines status has to be checked alongside the analogue exclusions and the Psychoactive Substances Act 2013 route, and that a court-grade conclusion can turn on the medicine exclusions, but it states no declaration requirement, no permit, no quantity allowance and no carry limit at the border, and none was researched for this cell. What is established is the placement a traveller would be read against: ayahuasca is not scheduled under its own name, and a brew containing DMT is a Class A preparation under Schedule 1. Do not read that placement as a ruling on a lawfully prescribed and lawfully carried supply, which is a different question this cell does not answer. Settle the border question with the Ministry of Health, whose classification order implementation page this dossier cites, and with the New Zealand border authority, before travelling.
Documentation
Carry the Misuse of Drugs Act 1975 consolidation current at 20 September 2026 and look for dimethyltryptamine, because searching the Act for ayahuasca returns nothing and that silence is not a finding. Read the Schedule 1 DMT entry and its preparations limb, because the traditional name does not appear in the Act. Carry the preparations limb in writing, since it is the limb that turns a plant brew into a Class A controlled drug. Carry the classification chain this finding was read against as well: the 2022 and 2025 Classification and Presumption of Supply Orders with their commencement orders, the 2024 pseudoephedrine amendment, and the 2026 Order, which was made but is not treated as law in this dossier because its own section 2 leaves commencement to the Governor-General and no commencement instrument was located by the horizon. Carry the date as well, 20 September 2026, because in New Zealand a classification order can move a substance between classes without a word of the Act changing.
Primary source
  • Misuse of Drugs Act 1975, Schedules 1 to 5, at https://www.legislation.govt.nz/act/public/1975/116/en/latest/, read as at 20 September 2026. The power that moves the list is section 4, which authorises the Governor General by Order in Council to amend Schedules 1 to 5 subject to statutory approval and commencement machinery, so the schedules are not fixed by the Act's own date. The chain the source records as checked is the current consolidation, the 2022 and 2025 Classification and Presumption of Supply Orders with their commencement orders, and the 2024 pseudoephedrine amendment. A 2026 Order exists and the source records it as uncommenced at that date, so this reading does not rule out a later amendment that had commenced or been made after it. The published URL resolves to the latest consolidation rather than to a fixed version, so the read date above is what identifies the text, not the link.

Court records

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

Ayahuasca in related jurisdictions

Other substances confirmed in New Zealand