IS LEGAL AYAHUASCA IN COLOMBIA ?
So far, there has been no specialized study on the legal situation regarding the consumption and trade of Ayahuasca in Colombia, unlike the cases in Brazil, Europe, and the United States. For those wondering, is Ayahuasca legal in Colombia?, the answer is yes—it is legal. However, its use is primarily tied to the rights and traditions of indigenous peoples, with no specific regulation directly addressing it.
This note aims to present three primary sources on the topic, with the hope of encouraging further research on the subject.
In Colombia, the legislation indirectly related to the consumption and trade of Ayahuasca is tied to the laws governing indigenous peoples. For this reason, the sources presented here have been produced by indigenous authorities.
The first source is a certificate issued by the traditional administration of a community belonging to the Kamëntsá Biyá indigenous people, located near the town of Santiago de Sibundoy. Along with Mocoa, Santiago is one of the two urban centers where Colombians and foreigners seek Ayahuasca in the department of Putumayo, the gateway to the Colombian Amazon.
The beneficiary of the certificate is Taita Juan Mutumbajo and Jacanamijoy, who runs a healing center and other community projects under the name «Wairasacha Community Company of Tamabioy» in Sibundoy, Upper Putumayo. The authority that issued the certificate is a cabildo, an administrative entity introduced by the Spanish in the «Republics of Indians,» which has undergone significant evolution since then.
It is worth noting that this colonial institution was appropriated by indigenous peoples and organizations and now serves as one of the institutional foundations that enable the exercise of indigenous peoples’ right to internal self-determination in Colombia.
The heading of the certificate issued by the council references Convention 169 of the ILO, the most binding international instrument concerning the respect of indigenous rights by states. It also cites Law 89 of 1890, which remains in force with revisions to this day. This law was originally part of an assimilation strategy aligned with the indigenous policies in place for much of the 20th century.
Despite its shortcomings, the law recognizes the authority of councils within indigenous communities. Since the 1970s, it has been utilized by indigenous activists in Colombia to advocate for and secure the recognition of their rights, a process that continues today.
Other legal frameworks cited in the record include Law 21 of 1991, which incorporated Convention 169 of the ILO into domestic legislation; Article 7 of the National Constitution, which recognizes the multi-ethnic and multicultural nature of the Colombian nation; and Law 291 of 2001, which regulates the participation of «ethnic groups» in Colombia’s social security system.
The second and third documents presented to the research community are two “traditional doctor’s cards” (1 and 2), also issued by an indigenous authority. In this case, the documents were granted by a broader organization than the cabildo, known as the Organization of the Indigenous Peoples of the Colombian Amazon (OPIAC). According to its official website, OPIAC represents the departments of Amazonas, Caquetá, Guaviare, Guainía, Putumayo, and Vaupés—encompassing the entire Colombian Amazon.
Since the issuing authority in this case is not a cabildo, additional rules are cited to validate the legitimacy of the card. First, the resolution that established OPIAC, signed in June 1995 by representatives of various Amazonian organizations, is referenced. Secondly, the recognition granted to OPIAC by the Colombian State in September of the same year is cited. This recognition was formalized through a resolution from the General Division of Indigenous Affairs (DGAI), an entity comparable to Brazil’s Fundação Nacional do Índio (FUNAI).
These cards belong to a couple of traditional doctors who operate a healing center on the outskirts of Mocoa. The healing center is called «Ornoyaco,» named after a nearby waterfall that has long been a tourist attraction in the region. The waterfall has been redefined as a «sacred site,» home to taitas and spiritual beings that do not inhabit the physical realm, making it an ideal place for shamanic flight and healing.
The center is run by Taita Gregorio Castro and his wife Carmen Garreta-Chindoy, who also regularly travel throughout Colombia and Venezuela conducting healing circuits. A unique aspect of their work is their teamwork, which includes a gender-based division of labor that cannot be fully explored here.
Both Taita Gregorio Castro and Carmen Garreta-Chindoy hold traditional doctor’s cards as members of the Inga people. Carmen Garreta-Chindoy is Inga by birth, while Gregorio Castro has been adopted into the community. Taita Gregorio also often claims Cofán heritage, as his primary teacher, Queta Tata Queta, is a member of the Cofán indigenous group.
Both documents referenced in this note can be requested by police or military authorities when traditional doctors transport Ayahuasca from production centers to urban areas in Colombia. Since many individuals offering Ayahuasca in the country are not indigenous and have no close ties to indigenous communities, there is often a division of labor where some people focus on producing the brew (cooks), while others distribute it in cities, bypassing state controls.
Although there is no official regulation regarding this process, there have been reports of authorities confiscating Ayahuasca in cases where a document from an indigenous council or organization could not be presented.
To this day, there are no regulations in Colombia explicitly dedicated to the use and distribution of Ayahuasca. As a result, the issue falls within the broader context of indigenous peoples’ rights. Currently, there is no entity in Colombia willing to develop Ayahuasca-related regulations from the perspective of religious freedom, as has been done in Brazil and other countries.
Regarding the creation of legislation specifically focused on Ayahuasca within an ethnic framework, we can only point to the existence of an indirectly related international instrument. This is the recent recognition, by UNESCO—thanks to the efforts of the Colombian State, the Gaia Amazonas Foundation, and the indigenous communities involved—of the traditional knowledge of the jaguar shamans of Yuruparí as an intangible heritage of humanity.
The Yuruparí ceremony holds immense significance for various peoples of the Eastern Tukano linguistic family (Macuna, Barasano, Eduria, Tatuyo, Tuyuca, Itana, and Carapana), who inhabit the department of Vaupés. The eminent anthropologist Reichel-Dolmatoff (1996) dedicated an entire book to the subject and referenced it extensively throughout his work.
In 2010, Colombia recognized Yuruparí as an intangible cultural heritage of the nation. The following year, in 2011, UNESCO declared Yuruparí as an intangible heritage of humanity. Ayahuasca is a central element of the Yuruparí ceremony. It is mentioned in UNESCO’s recognition text and on the website of the Heritage Directorate of the Colombian Ministry of Culture.
Since the nomination as intangible heritage applies to the entire cultural framework, Ayahuasca is implicitly included under this designation. This aligns somewhat with the Peruvian case, where Ayahuasca knowledge is considered intangible heritage within an ethnic framework. However, there is no explicit intent to recognize Ayahuasca itself as an element of intangible heritage in Colombia.
It is also important to note that Colombia abstained from voting and has not ratified the 2007 UN Declaration on the Rights of Indigenous Peoples, which includes articles (24 and 31) addressing medicinal plants.
A Legal and Academic Void
As a result, Colombia has a legal vacuum regarding Ayahuasca, which is mirrored by an academic void on the subject. A potential starting point for addressing this issue is to collect existing documents and review the practices and initiatives related to the regulation and distribution of Ayahuasca. Such efforts could provide valuable materials for future reflections and policies on the matter.
We encourage researchers to share their findings and contribute to the creation of a public archive on the subject. It is important to emphasize that, in Colombia, the consumption and distribution of Ayahuasca are legal.
Taken from: bialabate.net
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