[Solved] Ayhauasca Netherlands

Organizing an ayahuasca ceremony is illegal in the Netherlands. The Supreme Court has ruled that the import and possession of ayahuasca are illegal. This means that it is not possible to legally organize an ayahuasca ceremony in the Netherlands. However, there are ceremonies involving psychedelics that closely resemble ayahuasca. These are psilohuasca and psiloflora. You can read more about these alternatives via the links below:

More about: Ayahuasca | Psilohuasca | Psiloflora

Ayahuasca is a psychoactive tea from the Amazon region that contains the powerful hallucinogenic substance DMT. In the Netherlands, ayahuasca falls under drug legislation and has been the subject of legal rulings and policy measures. Below is an overview of the current legislation regarding ayahuasca/DMT, possible exceptions for use, important court rulings since previous bans, and the risks that organizers and participants should be aware of.

Current legislation regarding ayahuasca and DMT

Inclusion in the Opium Act (List I): DMT (dimethyltryptamine), the active ingredient in ayahuasca, is on List I of the Dutch Opium Act. This means that DMT is considered a high-risk hard drug, comparable to substances such as MDMA or cocaine.. The possession, trade, import, and production of DMT or DMT-containing substances (such as ayahuasca) are punishable offenses. Ayahuasca itself is therefore legally regarded as a hard drug; the preparation and provide of the ayahuasca tea is explicitly forbidden.

Use vs. possession: It is remarkable that – just as with other hard drugs – the use of ayahuasca or DMT is not in itself punishable under the Opium Act. In other words: someone who consumes ayahuasca is not prosecuted solely for that act. In practice, however, this is a limited distinction: to use ayahuasca, these substances must be obtained or in possession be possessed, and that does fall under the ban. As a result, participation in a ceremony (where one receives and consumes the drink) is effectively part of an illegal act. Additionally, the relevant plant material (for example, the Banisteriopsis caapi vine and Psychotria viridis leaves containing DMT) is not prohibited in itself – these plants may be legally imported.. Only when a DMT-containing preparation is made from it (ayahuasca tea) does it become a prohibited substance. In summary: as of 2025, ayahuasca is strictly prohibited in the Netherlands under the Opium Act, with the exception of situations where a specific exemption has been granted.

Exceptions and legal structures for legal use

Religious practice – from tolerance to prohibition: An important case in the Netherlands concerned the Brazilian Santo Daime church. From 2001 onwards, this church enjoyed an exceptional status: following a ruling by the Amsterdam District Court, Santo Daime was permitted to use ayahuasca in their ceremonies in connection with freedom of religion.. This meant a tolerated status for religious ayahuasca rituals for over 17 years. However, in 2018 This came to an end. The Amsterdam Court of Appeal ruled on appeal that members of the Santo Daime church were no longer permitted to import or use ayahuasca in ceremonies. The judge ruled that the protection of public health outweighed the appeal to freedom of religion, partly because the church had taken insufficient measures to limit health risks.. In 2019 The Supreme Court confirmed this line: the Court of Appeal's judgment was upheld on appeal, and the highest court explicitly stated that the ayahuasca ban is a permissible restriction of religious freedom to protect public health.. This makes it clear to religious groups as well that ayahuasca use is no longer tolerated – the psychedelic tea remains banned, also for religious use. Since then, no church or religious community in the Netherlands has been legally recognized as exempt for ayahuasca ceremonies.

Scientific research: Dutch drug policy offers limited scope for research with prohibited substances, but this requires a special exemption from the authorities. In principle, university medical centers or research institutions can obtain permission to work with substances such as DMT, for example in clinical research into therapeutic applications. Only qualified physicians and researchers affiliated with recognized institutions may—under strict conditions—conduct such research. In practice, such exemptions are rare. As of 2025, there are no public ayahuasca therapies or studies in the Netherlands permitted outside the Opium Act.; Any studies involving psychedelics focus primarily on substances such as psilocybin (truffles/magic mushrooms), MDMA, or ketamine. Regarding ayahuasca/DMT, a regularly accessible ceremony cannot be classified as research and is therefore not legal. The only way to handle ayahuasca legally is within the context of an explicitly approved scientific experiment (or if the substance were to be incorporated into a future medicine with government approval).

Other legal structures: Some providers have attempted to offer ceremonies through creative means, for example by presenting the substance under a different name or by relocating to countries with more lenient regulations. In the Netherlands, however, this is risky: the active substance DMT is always the legal factor. Even if one describes the ceremony as therapeutic “detox” Whether referred to as “healing” or “healing,” serving DMT-containing tea remains punishable. There are currently no alternative legal categories (such as special permits for shamanistic practices or similar) that exempt ayahuasca rituals from the ban. In short, without a recognized religious exemption (which has since expired) or an investigative waiver, ayahuasca ceremonies operate outside the law.

Judicial rulings and policy changes (2001–2025)

2001 – Exemption for Santo Daime: In 2001, the Amsterdam District Court ruled that the Santo Daime Church was allowed to continue using its sacrament (ayahuasca). This ruling weighed constitutional freedom of religion more heavily than criminal law, creating a unique exemption.. The church members were able to import their tea from Brazil and drink it during services, under certain agreements with the justice system.

2018 – Court bans ayahuasca again: In March 2018, the legal tide turned. The Amsterdam Court of Appeal prohibited the Santo Daime church from holding ayahuasca ceremonies any longer. The court found that ayahuasca could pose a danger to public health and that the previously tolerated situation was no longer justifiable. Specifically, the church was no longer allowed to import or serve ayahuasca tea. This decision concluded the 17-year exemption period..

2019 – Supreme Court confirms final ban: On October 1, 2019, the Supreme Court ruled in the case of a Santo Daime member who had lodged an appeal in cassation. The Supreme Court upheld the Court of Appeal's judgment: importing and using 33 kilograms of ayahuasca tea for religious use remained a punishable offense.. The highest court ruled that this ban is a permissible restriction of Article 9 of the ECHR (freedom of religion), because the protection of public health and the prevention of drug risks outweigh it.. This ruling is seen as the definitive end of the legal status of the “psychedelic drink” ayahuasca in the Netherlands.. From that moment on, it was clear that no higher appeals instance within the Netherlands would still reverse the ban.

Changing enforcement policy after 2019: Although ayahuasca is formally banned, enforcement was limited for years. There were dozens of commercial providers of ayahuasca ceremonies, who often even registered as businesses with the Chamber of Commerce. The police and Public Prosecution Service tolerated this for a long time, keeping it out of the spotlight. However, following a tragic incident in early 2019, tolerance shifted. During a ceremony in Eersel (Brabant), a participant left the session at night in a confused state and died outside the location. This incident—and the increased awareness of ayahuasca—led to political and public pressure to intervene. Several mayors urged the police and the judiciary to take enforcement action against illegal ayahuasca providers. Since then, investigative services have become more active: raids have taken place and multiple criminal cases have been initiated against organizers.

Recent convictions: Case law since 2020 confirms that organizers of ayahuasca ceremonies are criminally prosecuted. For example, in May 2022, the District Court of North Holland convicted two individuals for co-perpetrating the preparation, provision, and transportation of ayahuasca; they were given suspended prison sentences, among other penalties. In February 2025 The District Court of East Brabant found a 39-year-old man (a Mexican guest guide) guilty of preparing and administering ayahuasca during retreats in 2019. In that case, as mentioned, a participant had died. The defendant was ultimately sentenced to 15 days in prison (equal to his pre-trial detention), with which the judge indicated that he had already been “sufficiently punished” by the arrest he had served.l. Nevertheless, it is hereby clear that participation in the organization of such ceremonies can lead to a criminal record and imprisonment, even though the actual severity of the sentence may vary based on the circumstances (for example, whether there was commercial intent, recidivism, or consequences such as injury).

In addition to drug trafficking provisions, organizers have also faced more serious charges in serious incidents, such as manslaughter or rendering another person helpless. In a 2022 case (Middelburg) in which a participant died, suspects were initially prosecuted for endangering the victim; they were ultimately acquitted of that specific charge due to lack of evidence of negligence.. Nevertheless, cases of this type demonstrate that, in the event of calamities, the judiciary investigates whether the organizers bear criminal responsibility for the consequences.

Policy response: The government has reiterated the position that providers may not supply illegal services. In April 2022, the Minister of Justice confirmed in response to parliamentary questions that ayahuasca is prohibited under the Opium Act and that action can be taken against providers.. Although the Public Prosecution Service does not maintain a separate register of “ayahuasca cases”, it is clear that after 2019, tolerance was exchanged for targeted enforcement. No specific legislation has (yet) been developed solely for these ceremonies – they fall under general drug legislation. In summary: since the earlier period of tolerance, the policy has shifted towards prohibition and prosecution, with multiple legal precedents confirming this.

Risks for organizers and participants

Risks for organizers: Anyone who organizes or facilitates an ayahuasca ceremony is acting in violation of the law. The primary risk is criminal prosecution. Organizers can be arrested and charged with possession, preparation, and distribution of a substance on List I of the Opium Act. This can result in a criminal record, imprisonment, and/or a fine.. As recent case law shows, foreign facilitators are not spared either – in 2025, for example, a foreign leader of retreats in the Netherlands was convicted.. In addition to the direct legal consequences, organizers must take into account police raids during ceremonies, the seizure of materials (such as brews and plants), and possible detention pending trial. Furthermore, if something goes wrong during or after a ceremony—for example, a participant becoming seriously ill or dying—organizers may face questions of liability or additional criminal investigation questions (such as allegations of negligence or failure to provide adequate assistance). Although not every case leads to severe penalties, the uncertainty is significant and the process itself is already impactful.

Risks for participants: For individual participants, it is legal The risk is more limited, but not entirely absent. As mentioned, the law does not criminalize the use of ayahuasca, so someone who merely participates and drinks the tea is, in principle, not prosecuted solely for that reason.. Nevertheless, participants face indirect legal risks: during a police intervention at a ceremony, they may be found in a situation involving illegal substances. Participants may then be questioned as witnesses, temporarily detained for questioning, or – in exceptional cases – suspected of complicity if, for example, they contributed to the organization or acquisition of the substance. Moreover, participation forfeits any protection (such as a guarantee of quality or medical supervision) that one would have during legal activities, which constitutes more of a civil risk: for instance, there is no possibility of redress if something is wrong with the substance, because one knowingly places oneself in an illegal situation.

Health and safety risks: Apart from legal implications, there are significant personal risks associated with ayahuasca. Both authorities and medical experts emphasize that ayahuasca can have profound physical and mental effects. The drink causes strong hallucinations and is often accompanied by severe physical reactions such as nausea, vomiting, and dizziness. Acute symptoms may occur, such as a rapid or slowed heart rate, blood pressure fluctuations, and even unconsciousness. Mentally, an ayahuasca trip can be overwhelming: extreme fear, panic, or disorientation can arise suddenly.. These experiences can usually be managed with proper guidance, but in a poorly conducted session, there is a risk that someone endangers themselves or others (for example, by walking away in confusion, as in the Eersel incident). Additionally, there are known cases of psychological dysregulation following a ceremony – for example, triggering a psychosis or depressive episode in vulnerable individuals. death in 2019 and other incidents (such as a participant who committed suicide after an ayahuasca trip, reported in the media) illustrate that the risks are real.. Participants take these health risks voluntarily, but must realize that there are no professional medical guarantees during underground ceremonies.

Summarized for participants: Legally speaking, they will rarely be directly prosecuted for use, but they expose themselves to unregulated circumstances: no guarantee regarding the content or dosage of the concoctions, the possible absence of emergency medical facilities, and the risk that emergency services or the police may need to be called in during a calamity, with all the associated consequences. Participating in traffic after a ceremony is also dangerous and prohibited – the effects last for hours and impair reaction time, making driving under the influence a punishable offense..

Conclusion: As of 2025, ayahuasca ceremonies in the Netherlands are entirely illegal. The legislation is clear: DMT, and consequently ayahuasca, falls under hard drug regulations, without exceptions for spiritual use. While a margin of tolerance existed for years (for churches and commercial providers), the attitude of the justice system is now stricter due to case law and incidents. Organizers face significant legal risks and bear heavy responsibility in the event of accidents. Participants primarily risk their own health and must realize that they are participating in an activity considered unsafe and unlawful by the authorities. It is therefore important that anyone considering organizing or attending an ayahuasca ceremony is well aware of this legal status and the potential consequences thereof..

Sources: The above information is based on current government sources.

No, as soon as there is DMT in ayahuasca it is not allowed, and ayahuasca without DMT is no fun at all (little to nothing happens then apart from the vomiting and such).

No, you get either fake ayahuasca or just the illegal mixture with DMT.

Even if you wanted to do it under a religious or therapeutic guise, that won't work: the Supreme Court explicitly ruled in 2019 that public health outweighs freedom of religion, so Santo Daime is no longer allowed to do so either. Your best legal alternative is indeed psilohuasca or psiloflora with professional guides; these are fully legal and provide a comparable spiritual experience without the legal risks.