Talk:Legal status of ayahuasca by country/Archives/2024

Legality in the UK

I believe Ayahuasca may technically be legal in the UK by the same principle that poppyseed (which contains Class A and B opioids) is legal for human consumption in the UK.

Schedule 1, Exempted Substances, of the Psychoactive Substances Act 2016, makes substances exempt if they are ordinarily consumed as food/drink, and the substance occurs naturally in the food/drink.

A substance only counts as a "prohibited ingredient" if it does not occur naturally, and has been added to the food/drink. Paizo15 (talk) 12:19, 28 August 2024 (UTC)

Hi @Paizo15, would you be able to provide references to support this? Revirvlkodlaku (talk) 14:45, 28 August 2024 (UTC)

https://www.legislation.gov.uk/ukpga/2016/2/schedule/1

Schedule 1, Exempted Substances, Psychoactive Substances Act, 2016 - Section 7: "Food" Paizo15 (talk) 18:13, 28 August 2024 (UTC)

This source also claims that: "ayahuasca is not scheduled under the [Misuse of Drugs] Act – and nor are the plants it is typically constituted from"

https://www.iceers.org/england-and-wales/

I can find no specific legislation pertaining to DMT-containing plants typically used in Ayahuasca - and if it is the case that there is no legislation pertaining to these plants, then Ayahuasca may arguably be exempt under Schedule 1 of the Psychoactive Substances Act, 2016. Paizo15 (talk) 18:34, 28 August 2024 (UTC)

My read of the iceers link is that DMT is illegal, as are DMT-containing substances. Am I missing something? Revirvlkodlaku (talk) 23:27, 28 August 2024 (UTC)

The iceers link is not absolutely legally authoritative, but was the only source I could find regarding the legislation on plants containing DMT.

DMT occurs naturally in many plants and animals, including humans. It could not feasibly be illegal, per se.

Activities around production and consumption of DMT are controlled, but unlike the opium poppy, there is no specific legislation to my knowledge against any plants that contain DMT, or their use in food or drink. (And as stated, poppy seed is legal to use in food in the UK, despite naturally occurring detectable levels of morphine and codeine.)

The iceers link does state that Ayahuasca has been tested before in a single case, and it was deemed to be an illegal preparation of a controlled substance in that case. A single case is very little case law to go on, and that may also suggest that it is typically unprosecuted.

It is still arguably legal under Schedule 1 of the Psychoactive Substances Act 2016 on the grounds already outlined. Paizo15 (talk) 01:54, 29 August 2024 (UTC)

I'm ambivalent on this. On the one hand, both references used in the article mention the illegality of ayahuasca, though their reliability is unclear. My impression, unlike yours, is not that ayahuasca is legal under Schedule 1 of the Psychoactive Substances Act 2016. I think we need more definitive sources to settle this. Revirvlkodlaku (talk) 02:17, 29 August 2024 (UTC)

I did not state that it was legal under Schedule 1 of the Psychoactive Substances Act, 2016 - but that it is arguably so, at the time of writing. It would take a legal case and experienced lawyers to clarify that issue. The legal status of Ayahuasca in the UK is at best unclear, and possibly unenforced, at present.

The only apparent criteria for a "prohibited ingredient" at present under Schedule 1 of the Psychoactive Substances Act 2016, is that the substance must not occur naturally, and must not be permitted in food.

And as stated, it is not the case that plant matter is automatically prohibited for use in food on the basis of detectable levels of a controlled substance alone, nor to my knowledge that any DMT-containing plant matter is not permitted in food/drink, at present.

Opium poppies are regulated. All parts of the plant except the seeds are treated as a controlled substance and prohibited for use in food. No such legislation exists against any of the ingredients of Ayahuasca, to my knowledge.

(And DMT is widely naturally occurring in plants and animals, even the most potent natural sources contain small quantities, and it is typically metabolised so quickly when consumed orally that it causes no noticeable effects, unless consumed with a monoamine oxidase inhibitor, as it is in the case of Ayahuasca - so a blanket prohibition on detectable DMT in food/drink is unlikely to be reasonable or practicable, in principle.) Paizo15 (talk) 10:17, 29 August 2024 (UTC)

"I did not state that it was legal under Schedule 1 of the Psychoactive Substances Act, 2016 - but that it is arguably so"—this is splitting hairs over what you did or didn't say, and it doesn't help us make any progress on the issue. Are you suggesting we change the page's classification of ayahuasca in the UK? Revirvlkodlaku (talk) 13:01, 29 August 2024 (UTC)

If possible, I would like the issue to be brought to the attention of a Wikipedia editor who has more expertise in this area, and they may update the page to provide better legal information as advisable.

I am not splitting hairs, I am simply not knowledgeable enough of all the law surrounding this issue to say with certainty that Ayahuasca may be legally defended as an exempt substance under Schedule 1 of the Psychoactive Substances Act. Nothing in the wording of Schedule 1 would exclude Ayahuasca at face value, but the law is complex, and I do not have special expertise in this area.

Certainly, I would suggest editing the page to correct inaccurate claims about the legality of DMT-containing ingredients, and the single incidence of case law involving Ayahuasca (prior to the enactment of the Psychoactive Substances Bill).

DMT is not typically psychoactive when consumed orally, except when combined with a MAO inhibitor - and there is currently no legal prohibition on DMT-containing plants in food/drink on their own, to my knowledge, in the UK. Paizo15 (talk) 14:22, 29 August 2024 (UTC)