The short answer is no – under Maryland’s 2026 drug legislation, ayahuasca remains a prohibited substance for the general public. While the Maryland Controlled Substances Revision Act of 2026 (CSRA‑2026) classifies N‑N‑dimethyltryptamine (DMT), the psychoactive component of ayahuasca, as a Schedule I drug, it does carve out a narrow religious‑use exemption that requires a state‑issued permit and compliance with strict record‑keeping rules. Absent that permit, possession, distribution, or consumption of ayahuasca is a criminal offense punishable by up to three years in prison and a $15,000 fine.
Statutory Landscape
CSRA‑2026 updated the state’s scheduling system to mirror the federal Controlled Substances Act, moving DMT from an unlisted status to Schedule I. The law defines ayahuasca as any brew containing DMT‑containing plants (e.g., Psychotria viridis) combined with a mono‑amine oxidase inhibitor (MAOI) source. The schedule mandates that any person found with ayahuasca faces felony charges unless a statutory exemption applies.
Exemptions and Enforcement
The act retains a religious‑freedom clause modeled after the 2006 Supreme Court decision in Gonzales v. O Centro Espírita and the federal Religious Freedom Restoration Act. To qualify, a religious organization must:
- Submit a detailed application to the Maryland Department of Health’s Controlled Substances Division.
- Demonstrate a sincere, established belief system that requires ayahuasca for sacramental purposes.
- Implement secure storage, inventory logs, and annual audits.
Only after receiving a state‑level Controlled Substance Registration (CSR‑MD) may the group legally possess and administer ayahuasca to its members. Law enforcement agencies are mandated to verify CSR‑MD status before initiating prosecution.
Impact on Clinics and Retreats
Commercial retreat centers that previously operated in a legal gray area are now required to either obtain CSR‑MD status or cease ayahuasca services. Failure to comply can trigger asset forfeiture and revocation of business licenses. Health‑care providers who prescribe ayahuasca for therapeutic research must secure a separate Research Use Authorization (RUA) from the Maryland Institute of Drug Policy, which limits studies to two Phase II trials per year.
Frequently Asked Questions
What penalties apply for personal possession of ayahuasca?
Possession of any quantity without a valid CSR‑MD is a Class C felony, punishable by up to three years’ confinement and a $15,000 fine. Enhanced penalties apply if the substance is distributed to minors.
Can non‑religious individuals participate in ayahuasca ceremonies?
Only if the ceremony is conducted by an organization that holds a valid CSR‑MD. Individual participants without that exemption remain liable under the statute.
Are there any ongoing clinical trials involving ayahuasca in Maryland?
Yes. The Maryland Institute of Drug Policy currently oversees two RUA‑approved trials investigating ayahuasca’s efficacy for treatment‑resistant depression. The trials are strictly controlled and participants receive the compound in a clinical setting.
Does the federal Religious Freedom Restoration Act override Maryland law?
The state exemption aligns with the federal act, but it does not supersede it. Organizations must satisfy both federal and state requirements to claim protection.
How does Maryland’s stance compare to neighboring states?
Virginia and Pennsylvania also classify DMT as Schedule I with limited religious exemptions. However, Maryland’s CSR‑MD process is more formalized, requiring annual audits that some neighboring jurisdictions do not mandate.