Is Ayahuasca legal in Tonga?

Also known as: yagé, hoasca

Legal status

Caught by group, in part, through its DMT content; not reached for its other constituent. Ayahuasca is a decoction of Banisteriopsis caapi (containing harmala alkaloids, principally harmine, harmaline and tetrahydroharmine) typically combined with a DMT-bearing plant such as Psychotria viridis. Schedule 1, Class A, from Schedule I of the Convention on Psychotropic Substances 1971 (page 21), names "DMT" directly, and the chapeau extends the schedule to "any preparations including any such substances", so an ayahuasca brew containing DMT falls within Schedule 1 through its DMT content. Neither Banisteriopsis caapi nor harmine, harmaline or tetrahydroharmine is named anywhere in Schedule 1, and no separate plant level listing, of the kind Schedule 1 gives cannabis, opium and coca, covers the vine itself; for the harmala alkaloid component alone, the instruments read establish no fitting entry. Two further amending Acts dated 2024 could not be retrieved this session (see documentation); if either added a harmala alkaloid or Banisteriopsis caapi entry, that is not verified here.

Consequences if caught

A DMT-containing ayahuasca preparation is reached through the DMT entry. Under section 3, as substituted by Act 15 of 2020 section 3, unlawful import or export of a Class A drug is liable, for less than 1 gram, to a fine not exceeding 10,000 pa'anga or imprisonment not exceeding 3 years or both; for 1 gram or more, to a fine not exceeding 1,000,000 pa'anga or imprisonment for any period not exceeding life or both; and for 28 grams or more, to life imprisonment. Under section 4, as amended by Act 15 of 2020 section 4 and Act 19 of 2021 section 3, the same bands apply to possession, manufacture, cultivation, use or supply, except the top band is 5 kilograms or more; section 4(2) deems 0.25 grams or more to be supplying. The harmala alkaloid component of the brew, and the Banisteriopsis caapi plant on its own, are not independently reached by any instrument read this session.

If prescribed or medical

No entry for ayahuasca, Banisteriopsis caapi, or DMT as a medicine was located in the Therapeutic Goods Act 2001, No. 3 of 2001, or the Therapeutic Goods Regulations 2011, 2020 Revised Edition; neither instrument prints a name specific schedule for this substance.

Documentation

Searched against Illicit Drugs Control Act 2003 Schedule 1, pages 21 to 23, for "ayahuasca" and "Banisteriopsis caapi; DMT"; DMT is named directly at page 21, among the entries from Schedule I of the Convention on Psychotropic Substances 1971, but Banisteriopsis caapi and its harmala alkaloids are not named anywhere in the Schedule. Also searched against the Illicit Drugs Control (Amendment) Act 2020, the Illicit Drugs Control (Amendment) Act 2021, the Drugs and Poisons Act 1930 Schedule A and Part III, the Therapeutic Goods Act 2001, and the Therapeutic Goods Regulations 2011; none names ayahuasca or Banisteriopsis caapi. Two further amending Acts, the Illicit Drugs Control (Amendment) (No.1) Act 2024 and the Illicit Drugs Control (Amendment) (No.2) Act 2024, are listed in the Attorney General's legislation index but their PDFs returned HTTP 404 from the official portal checked independently in this session on 2026-10-07. Section 6 of the Act exempts a travelling medical patient for up to one month with written doctor authority; section 7 exempts a lawful occupation and the Ministry of Health.

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