The legal landscape for Ibogaine and Ayahuasca is shifting rapidly as evidence mounts for their therapeutic value. Nekawa operates within Brazil's fully regulated medical framework — the world's most rigorous ibogaine pathway.
Medical / Regulated
Unregulated / Grey Area
Illegal / Controlled
Exemptions Available
Research Happening
Note: Laws change. This information is provided as a general educational reference and should not be relied upon as legal advice. If you have specific legal concerns, consult a qualified attorney in your jurisdiction.
Nekawa's Legal Status
Nekawa operates in Brazil — the world's leading country for physician-prescribed, hospital-administered ibogaine.
Brazil opened a medical import and prescription pathway for ibogaine in 2006 through ANVISA Resolution RDC No. 204, making it available under physician authorization for therapeutic and research purposes — not for commercial sale.
ANVISA's master import regulation (RDC No. 81/2008) confirms this distinction: ibogaine has no commercial registration (Chapter II, Item 1.1), but two pathways remain open — research samples (Chapter V, Item 5.1) and clinical treatment (Chapter IX, Item 3), which requires physician-backed case-by-case authorization from ANVISA's Diretoria Colegiada. The result is a structured, physician-accountable framework: not a free market, but a legitimate and documented medical pathway.
Nekawa operates within this framework in a referral capacity. Ibogaine is prescribed and administered solely by independent, credentialed Brazilian physicians who hold their own medical licenses and bear full clinical responsibility for their patients' care.
Nekawa does not prescribe, administer, or sell ibogaine. There are no grey areas, no regulatory workarounds, and no compromises on legal compliance.
Ayahuasca ceremonies at Nekawa are facilitated by indigenous practitioners under the full legal protection of Brazil's national recognition of Ayahuasca as cultural heritage (CONAD Resolution 01/2010).
São Paulo State Council on Drug Policy — 2016
Ibogaine may only be administered in a hospital setting.
In January 2016, the São Paulo State Council on Drug Policy (CONED-SP) issued four formal statements on the use of ibogaine compounds. The statements collectively affirm that ibogaine requires scientific investigation, that research should be financially supported, and — most critically — that ibogaine formulations may only be administered for the treatment of substance use disorders in a hospital setting, under medical supervision and control, with thorough clinical, psychiatric, and psychological evaluation.
This positions hospital administration not merely as Nekawa's choice, but as the standard explicitly defined by Brazilian regulatory authority.
English Translation — São Paulo Official Gazette, January 14, 2016
SÃO PAULO STATE COUNCIL ON DRUG POLICY
Communiqué:
The President of the São Paulo State Council on Drug Policy — CONED-SP, in compliance with the deliberation adopted at the 90th Ordinary Meeting of 29-10-2015, pursuant to Art. 9° of Resolution SJDC-055, of 26-6-2013, issues the following Statements:
Statement CONED-SP No. 01, of 29-10-2015
The use of hallucinogenic or mind-altering substances for the treatment of problematic use of psychoactive substances should be considered an option that requires scientific investigation.
Statement CONED-SP No. 02, of 29-10-2015
Scientific research on the use of hallucinogenic or mind-altering substances, including for the development of treatment options for problematic use of psychoactive substances, should be financially encouraged by funding institutions so as to guarantee the carrying out of quantitative and qualitative research and randomized controlled clinical trials.
Statement CONED-SP No. 03, of 29-10-2015
Semi-synthetic or synthetic compounds based on the active principles of Tabernanthe iboga and other species of the genus Tabernaemontana (family Apocynaceae) must have their therapeutic potential in the treatment of problematic use of psychoactive substances investigated through scientific research.
Statement CONED-SP No. 04, of 29-10-2015
Active principles derived from Tabernanthe iboga and other species of the genus Tabernaemontana (family Apocynaceae), particularly ibogaine formulations, may only be administered for the treatment of problematic use of psychoactive substances in a hospital setting, under medical supervision and control, in compliance with professional practice and good clinical practice recommendations, including careful clinical and psychiatric examinations, as well as psychological evaluation and psychotherapeutic follow-up.
Ibogaine: Global Legal Status
A country-by-country overview of where Ibogaine stands legally as of 2026.
Medical / RegulatedUnregulated / Grey AreaIllegal / ControlledExemptions AvailableResearch Happening
BrazilMedical / RegulatedResearch Happening
Approved for medical importation under ANVISA Resolution RDC No. 204, and approved for hospital-based treatment under the 2016 São Paulo State Council on Drug Policy (CONED-SP) resolution. The world's leading country for physician-prescribed, hospital-administered ibogaine.
South AfricaMedical / Regulated
Ibogaine is unscheduled and can be prescribed by licensed physicians. Several treatment centers operate legally with medical supervision.
New ZealandMedical / RegulatedResearch Happening
Classified as a prescription medicine; ibogaine can be prescribed by licensed physicians for therapeutic use under medical supervision. Active academic research includes the University of Auckland's clinical studies on ibogaine for opioid dependence.
GabonMedical / Regulated
Iboga and Ibogaine are recognized as part of the national heritage. The Bwiti ceremony is protected cultural practice.
MexicoUnregulated / Grey Area
Not explicitly scheduled under Mexican law. Clinics operate in a legal grey area without the regulatory framework or hospital infrastructure available in Brazil.
Costa RicaUnregulated / Grey Area
Not specifically controlled. Retreats operate with limited regulatory oversight and outside of hospital settings.
NetherlandsUnregulated / Grey Area
Ibogaine is not on the Dutch controlled substances list. Some providers operate; regulatory clarity is limited.
PortugalUnregulated / Grey Area
Personal drug use was decriminalized in 2001; Ibogaine is not specifically scheduled but remains in a grey area for clinical use.
SpainUnregulated / Grey AreaResearch Happening
Ibogaine is not specifically scheduled under Spanish law. ICEERS (International Center for Ethnobotanical Education, Research and Service) is based in Barcelona and supports clinical research on ibogaine and related plant medicines.
CanadaExemptions Available
Ibogaine is a controlled substance (Schedule III) but Health Canada has granted Special Access Program exemptions for therapeutic use in specific clinical settings.
United StatesIllegal / ControlledResearch Happening
Schedule I controlled substance under the Controlled Substances Act since 1970. However, legislative momentum is building: bipartisan support in Texas and other states, along with advocacy from military veteran groups, is pushing for rescheduling and clinical access. Texas is funding a $50M ibogaine research initiative.
United KingdomIllegal / Controlled
Class A controlled substance under the Misuse of Drugs Act 1971. No approved therapeutic pathway currently exists.
AustraliaIllegal / Controlled
Currently Schedule 9 (prohibited substance). TGA (Therapeutic Goods Administration) is reviewing psychedelic-assisted therapies; rescheduling discussions are ongoing.
GermanyIllegal / Controlled
Controlled substance (Anlage I of the BtMG). No approved therapeutic use.
FranceIllegal / Controlled
Classified as a narcotic. No clinical framework for therapeutic use.
Ayahuasca: Global Legal Status
Ayahuasca's legal landscape is shaped by whether countries schedule DMT (the active compound), the brew itself, or both — and whether religious or cultural exemptions exist.
BrazilMedical / Regulated
Legal since 1987 for religious practice and cultural heritage. CONAD Resolution 01/2010 formally recognized Ayahuasca as part of Brazil's national cultural heritage and granted full legal protection to its religious and ceremonial use by indigenous and syncretic religious communities.
PeruMedical / Regulated
Declared part of Peru's national cultural heritage in 2008. Ayahuasca ceremonies are widely practiced and internationally recognized as traditional medicine.
EcuadorMedical / Regulated
Recognized as an ancestral medicine and cultural practice for indigenous communities. Ceremonial use is protected.
ColombiaMedical / Regulated
Legal as part of indigenous and traditional ceremonial practice. The Constitutional Court has protected ceremonial use.
Costa RicaUnregulated / Grey Area
DMT is controlled but Ayahuasca is not specifically scheduled. Numerous retreat centers operate, though without formal regulatory oversight.
NetherlandsUnregulated / Grey Area
DMT is illegal, but the Ayahuasca brew has historically existed in a legal grey zone. Multiple court cases have produced inconsistent rulings.
PortugalUnregulated / Grey Area
Personal use decriminalized. Ayahuasca ceremonies operate in a grey area, more tolerated than formally legal.
SpainUnregulated / Grey Area
No specific prohibition on Ayahuasca as a brew, though DMT is controlled. Some ceremonial organizations operate. Legal status varies by region.
United StatesExemptions Available
DMT (the active compound) is Schedule I. However, two religious organizations — União do Vegetal (UDV) and Santo Daime — have received federal exemptions to use Ayahuasca as a sacrament. State-level decriminalization is expanding (Oregon, Colorado).
CanadaExemptions Available
DMT is controlled under the CDSA. Religious communities have sought and in some cases received exemptions. Ceremonial use exists in a contested legal space.
United KingdomIllegal / Controlled
DMT is Class A. Ayahuasca is considered a controlled preparation. No religious exemptions exist. Possession and supply carry serious criminal penalties.
AustraliaIllegal / Controlled
DMT is Schedule 9. The Ayahuasca brew is considered illegal. However, therapeutic psychedelic reforms in 2023 introduced TGA approval pathways for MDMA and psilocybin, with DMT potentially to follow.
GermanyIllegal / Controlled
DMT is a controlled substance. Ayahuasca brewing and possession are illegal under German narcotics law.
FranceIllegal / Controlled
DMT is scheduled. Ayahuasca imports and ceremonies have been raided and prosecuted. No legal framework for ceremonial or therapeutic use.
Organizations Advancing the Field
The expanding legal access to psychedelic medicines globally is the result of sustained scientific, legal, and advocacy work by a number of organizations. We recognize their contributions.
The Multidisciplinary Association for Psychedelic Studies has funded and published pivotal clinical trials on MDMA, psilocybin, and other psychedelic medicines, building the evidence base that legislators and regulators require to reform drug policy.
The International Center for Ethnobotanical Education, Research and Service provides direct legal support to individuals, communities, and organizations navigating prosecution related to Ayahuasca and other traditional plant medicines — defending cultural and religious rights in courts across Europe and beyond.
A program of ICEERS dedicated to protecting the religious freedom and legal rights of Ayahuasca practitioners and communities. The fund provides legal resources, supports test cases, and advocates for the recognition of Ayahuasca use as a protected religious and cultural practice under international law.
The Chacruna Institute for Psychedelic Plant Medicines bridges scientific research and public understanding. It publishes peer-reviewed journalism, advocates for indigenous practitioners' rights, and promotes equitable access to psychedelic plant medicines through education and policy engagement.
This page is provided for general educational and informational purposes only. The legal status information presented here reflects our best understanding as of the date noted above and is subject to change without notice. Laws vary by jurisdiction and change frequently, particularly in the rapidly evolving field of psychedelic medicine.
Nekawa does not provide legal advice. Nothing on this page should be construed as legal counsel or as a representation that any particular activity is legal in your jurisdiction. For specific legal questions, consult a qualified attorney in the relevant jurisdiction.
Nekawa operates exclusively within the legal framework of the Federative Republic of Brazil and does not encourage or facilitate activity that contravenes the laws of any country.
Nekawa's Role: Referral Only
Nekawa does not offer ibogaine treatment and does not sell or dispense ibogaine. All ibogaine prescriptions and administrations are carried out exclusively by independent licensed Brazilian physicians operating under their own medical practices. Nekawa's relationship with these physicians is strictly one of referral — connecting clients with qualified medical professionals who evaluate, prescribe, and administer ibogaine under their own licensure and clinical responsibility. Nekawa has no role in clinical decision-making, prescribing, or the administration of any controlled substance.
