Ayahuasca is more popular than ever. Not only do we at Dutch-Smart devote a lot of attention to this hallucinogenic drink, but it’s also being widely discussed and written about in the media. Much to the regret of many enthusiasts and religious users, however, there’s a good chance that the drink will soon become illegal in the Netherlands. At least, if it’s up to the Public Prosecutor’s Office.
What’s the situation again?
Attentive readers will immediately notice that ayahuasca is already banned in the Netherlands. And that’s correct. The psychoactive compound DMT is listed on the opium list in the Netherlands. This powerful substance, found in the Amazonian brew ayahuasca, is considered a hard drug—and those are simply prohibited. Yet there is an exception to the rule. Several religious communities are permitted to serve the drink to their faithful visitors under proper supervision.
One of those religious communities is Santo Daime, which serves ayahuasca at two locations in the Netherlands: the Céu da Santa Maria Church in Amsterdam and the Céu dos Ventos Church in The Hague. But if the Public Prosecution Service has its way, that will soon come to an end as well. Back in 1999, the Public Prosecution Service had already prosecuted the denomination for “the transport, use, and possession of ayahuasca,” but in 2001 the denomination received support from the court, which cited the religious context of its use.
‘Prohibit it even in a religious context’
Nevertheless, the Public Prosecution Service was ultimately vindicated in 2018, prompting members of Santo Daime to appeal to the Supreme Court. On October 1—in a week and a half—the court will hear the case. However, the Advocate General of the Supreme Court has already indicated that he sees no reason to overturn the earlier ruling of the Amsterdam Court of Appeal, making it highly likely that the psychedelic brew will indeed be banned even in a religious context.
Speaking to Trouw, Irene Hadjidakis says that this would effectively nullify the very reason for their religious community’s existence. “We have no dogmas, no belief in a single god. We say: ‘You drink ayahuasca—we call the drink Santo Daime—in a safe way, and through that experience you discover who you are and why you exist.’”
And although she herself is in favor of ayahuasca use, she says she is also concerned about the rapid growth of so-called ayahuasca centers. “In those centers, it’s by no means always used as a sacrament. Some people drink ayahuasca three times and think: there’s money to be made here. They call themselves shamans, open a center, and charge a fortune for it. Ayahuasca is indeed sacred, but it’s also just a commercial fad.”
Legality of ayahuasca
So what’s the deal with legality? Well, we’ll have an answer to that soon. The Public Prosecution Service considers DMT a threat to public health because it’s on the Opium List. Yet no demonstrable evidence has ever been found to support this. On the contrary: according to recent studies, the substance may have healing properties in some areas and is naturally present in our own bodies and those of many other organisms.
Furthermore, there is a fundamental difference between DMT and ayahuasca. The 1971 International Convention on Psychotropic Substances prohibits only DMT as an isolated substance. ‘No plants (natural materials) containing DMT are currently controlled under the 1971 Convention on Psychotropic Substances. Consequently, preparations (e.g., decoctions) made from these plants, including ayahuasca, are not under international control,” the document states. In other words: according to the document, neither the DMT-containing plants nor the ayahuasca brew are prohibited.
How will this turn out? We’ll keep you updated on Dutch-Smart, of course!
