Intersecting Cultures

Ayahuasca's legal status in Canada is complex: its active ingredients DMT and harmaline are Schedule III controlled substances, making its sale, possession, and use generally criminal. Despite this, underground retreats operate, claiming benefits for addiction and trauma but lacking safety regulations or practitioner standards. In June 2017, Health Canada granted Section 56 Exemptions to the Santo Daime and UDV churches, allowing legal import and ritual use; six churches now operate under this exemption. The chapter examines ayahuasca's legal journey, government regulations for those churches, and the implications of criminalization and unregulated use.

Study at a glance

Abstract

Ayahuasca has experienced a meandering legal and ethical journey in Canada. The health and spiritual benefits of this medicine are profound, yet it is paramount to consider the implications of its use in places far removed from its endemic regions. In Canada, under the Controlled Drugs and Substances Act (CDSA), N,N-dimethyltryptamine (DMT) and harmaline, two ingredients in ayahuasca, are both classified as Schedule III drugs. Their status as controlled substances renders the sale, possession, and use of ayahuasca criminalized in Canada. Despite this clear legislation, legal ambiguity has lingered, and several centers and individuals facilitate ayahuasca retreats and ceremonies in an underground fashion. These groups claim to have effectively utilized ayahuasca to treat various addictions and mental health symptoms stemming from trauma; however, these spaces lack safety regulations and there is no standardization of training across practitioners. In June 2017, Health Canada granted the Santo Daime and the UDV churches a Section 56 Exemption under the CDSA, which allows them to legally import and use ayahuasca in their spiritual rituals; there are now six churches operating under this exemption in Canada. This chapter will explore the legal journey ayahuasca has taken, including the specific regulations proposed by the Canadian government to the Santo Daime and the UDV. It will also discuss the implications of criminalization, and resulting lack of regulation, on ayahuasca in Canada.