I had a talk with a lawyer re: legal status of ayahuasca and other ethnobotanicals in Spain, here are the main points:
- Internationally, ayahuasca and ethnobotanical preparations are NOT controlled, even though individual ingredients within those preparations may be controlled. The International Narcotics Control Board says in the
2010 report:
Many plants that contain psychoactive substances with stimulating or hallucinogenic properties, as well as preparations made from those plants, have traditional uses in some countries or regions; for example, some are used in religious rites. Under the 1961 Convention and that Convention as amended by the 1972 Protocol, plants that are the sources of narcotic drugs, such as cannabis plant, opium poppy and coca bush, are subject to specific control measures. In contrast, although some active stimulant or hallucinogenic ingredients contained in certain plants are controlled under the 1971 Convention, no plants are currently controlled under that Convention or under the 1988 Convention. Preparations (e.g. decoctions for oral use) made from plants containing those active ingredients are also not under international control.
Individual countries may have specific legislation regarding those plants, but not because of international treaties.
- In Spain specifically, ayahuasca use or possession is not controlled. The law that defines controlled substances is the
Real Decreto 2829/1977,, which lists DMT but not ayahuasca itself. On the other hand, the Spanish Medication Agency lists the plants that
can' t be sold due to their "
toxicity", which includes Banisteriopsis caapi, Amanita muscaria/pantherina, Psilocybe sp and several other plants(but NOT psychotria viridis). The possession or use is not controlled though, just the sale.
In practice, ayahuasca is taken by several groups, be it more traditional groups such as Santo Daime, or other neo shamanistic groups or more informal groups or individuals.. In any case though they are not openly advertised. You can probably find by asking around, maybe searching the net for related groups, but they generally avoid open publicity to avoid legal issues, despite the mentioned favorable legal status.
