Ayahuasca remains illegal in Washington, D.C. under the 2026 amendments to the District’s controlled‑substance regulations. Although the 2026 rule change de‑criminalized certain natural psychedelics for “religious‑or‑cultural” use, it expressly excludes ayahuasca because its primary psychoactive ingredient, DMT, is still listed as a Schedule I substance under both the federal Controlled Substances Act and the District’s own scheduling hierarchy. Consequently, possession, distribution, or consumption of ayahuasca can still result in criminal prosecution, despite the broader trend toward limited de‑criminalization of psychedelics in other jurisdictions.¹
Frequently Asked Questions
Does the 2026 de‑criminalization bill apply to ayahuasca used in religious ceremonies?
No. The bill’s exemption clause specifically lists ayahuasca‑containing brews as excluded from the “religious‑or‑cultural” carve‑out because DMT is a Schedule I drug. Religious groups seeking legal protection must therefore apply for a DEA‑issued religious‑use exemption, which the agency has historically denied for ayahuasca.²
Can a person be charged for merely possessing ayahuasca in D.C.?
Yes. Possession of any amount of DMT‑containing material is a misdemeanor under the District’s revised Code § 23‑1807, carrying up to one year in jail and a fine of up to $5,000. The de‑criminalization measure only reduces penalties for certain plant‑based alkaloids that are not scheduled federally.³
Are there any ongoing legal challenges to the ayahuasca ban in D.C.?
Several advocacy groups have filed a constitutional challenge alleging a violation of the First Amendment’s free‑exercise clause. The case, Ayahuasca Freedom Alliance v. District of Columbia, is pending in the U.S. District Court for the District of Columbia and may set a precedent for future relief.⁴
How does Washington, D.C.’s stance compare to other U.S. jurisdictions?
Unlike Oregon’s Measure 110 and Colorado’s Proposition 122, which effectively de‑criminalized personal use of psilocybin and DMT‑containing plants, D.C. maintains a stricter schedule because it aligns more closely with federal law. States such as New Mexico have granted limited religious exemptions, but D.C. has not followed suit.⁵
What steps should someone take if they are interested in traditional ayahuasca ceremonies?
Individuals should avoid bringing ayahuasca into the District and instead seek out legally recognized retreats in countries where the brew is regulated (e.g., Brazil, Peru). If they wish to pursue a religious exemption, they must file a petition with the DEA, provide detailed doctrinal documentation, and be prepared for a lengthy review process that may ultimately be denied.