General situation
Ayahuasca is not specifically listed as illegal in Finland, however, DMT is strictly controlled under the national Narcotics Act. In a situation unique to Finland, both of the plant ingredients of ayahuasca, B. caapi and P. viridis are listed on Finland’s “herb list” which means it is treated as a medicine or an illegal drug depending on whether medical use for it is shown.
There has been significant media attention within Finland on the amount of ayahuasca being seized at the border by Finnish customs, with about 89 packages analyzed by laboratories so far, and new seizures every month. Several court cases involving the import of ayahuasca into Finland have taken place over the past few years, although the status of ayahuasca will be uncertain until a case goes to the Supreme Court.
According to a source in Finland, in one recent case a student received a sentence of a 400 Euro fine for importing 2 liters of liquid ayahuasca from Peru. Another case, from 2016, involved a Finnish citizen charged with importing an illegal drug after ordering Mimosa hostilis − which, like Psychotria viridis, one of the plant ingredients of ayahuasca, contains DMT − online, but charges were dismissed when the court said that the “herb” did not qualify as a drug.
Because Finnish ministries and courts have not seen any high-level precedent-setting religious freedom cases involving ayahuasca as a sacrament, it is unclear whether the Brazilian ayahuasca religions or neo-shamanic practices are protected in Finland by religious freedom laws. Until a decision is made by the Supreme Court, there will likely continue to be various modalities of ayahuasca ceremonies in Finland operating in this legal grey area.
International law
The Convention on Psychotropic Substances (1971) subjects several psychoactive compounds contained in plant species to international control. DMT (N,N-dimetyltryptamine, a tryptamine alkaloid contained in Psychotria viridis and other plants generally used in the preparation of ayahuasca) is a Schedule I controlled substance in the Convention. However, according to the International Narcotic Control Board (INCB) Report for 2010 (par. 284) ‘no plants are currently controlled under that Convention […]. Preparations (e.g. decoctions for oral use) made from plants containing those active ingredients are also not under international control’.
There is no general consensus among judges and law enforcement officials on whether ayahuasca is illegal because it contains DMT, or not. It is up to national governments to make the final decision in their own jurisdictions on whether to impose controls on these plants and preparations, including ayahuasca.
National drug legislation
As in most countries, the plant ingredients used to brew ayahuasca and the ayahuasca decoction itself are not specifically scheduled as controlled substances in Finland. However, DMT is illegal in Finland under the Narcotics Act, which was amended in 2014 to include “new psychoactive substances.” The penalty for use or possession of small amounts of illegal drugs for personal use in Finland is a fine or up to 6 months in prison.
In a situation unique to Finland, one of the plant ingredients of ayahuasca, B. caapi, is listed on Finland’s “herb list” which means it is treated as a medicine or an illegal drug depending on whether medical use for it is shown. There is a growing body of scientific evidence of B. caapi’s medical uses, however, it is hard to judge whether these scientific findings will impact this legislation. In one 2016 case involving a different herb, two Finnish citizens were charged with importing an illegal drug for ordering 1 kilogram of Mimosa hostilis − which, like Psychotria viridis (another of the plant ingredients of ayahuasca) contains DMT − however, one of the men’s charges were dismissed after he appealed the lower court’s decision. The court of appeal said that the herb did not qualify as a drug, although the M. hostilis plant matter contained approximately 20 grams of DMT.
The import, export, sale, purchase, delivery, receipt, production, processing, and possession of DMT in Finland is a criminal offense punishable by a fine or 1-10 years imprisonment. It is important to note, however, that the use or possession of an illegal drug is punishable by a maximum of 6 months’ imprisonment, but often results only in a fine.
Cases
There have been a few court cases involving ayahuasca in Finland, all involving customs seizures, and none involving ceremonies. We have received reports of several criminal cases which resulted in fines, but no jail time.
Ayahuasca ceremonies have been gaining popularity in Finland and Finnish customs have reportedly seized more than 89 packages in past the 2 years − of both liquid ayahuasca and the plant ingredients B. caapi and P. viridis − with several packages continuing to be seized each month.
Liquid Ayahuasca in Customs (2016)
A person in Vantaa was charged with importing drugs after a package containing 2 liters of ayahuasca sent through an international carrier from Peru was seized by Finnish customs. At the resolution of the case, the person was sentenced to a fine of 400 euros and 0 days imprisonment.
Powdered Mimosa hostilis Root Bark (2016)
Last year in Rovaniemi, Finnish Lapland, two people were criminally charged for ordering 1 kilogram of Mimosa hostilis over the internet after the herb was seized by Finnish customs. The M. hostilis contained about 20 grams of DMT. At first, the district court in Lapland ordered a three-month suspended sentence for a drug crime. However, one of the men appealed the verdict and the Court of Appeal overturned the lower court’s decision, stating the M. hostilis could not be regarded as an illegal drug, even though it contained DMT. It is worth noting that in the neighboring Nordic country of Sweden, the Swedish Supreme Court came to the same conclusion in a different case.
Updated: November 2017
Relevant documents
- Fax INCB 2001 Netherlands
- INCB letter ICEERS
- Hoasca 1971 Convention Legal Brief
- INCB Annual Report 2010
- INCB Annual Report 2012
- UN Declaration on the Rights of Indigenous Peoples
- TNI/ICEERS Ayahuasca Policy Report
- ICEERS Technical Report on Ayahuasca
- Plantaforma Ayahuasca Report Spain (Spanish)
- Declaration of Principles of the Religious Groups who consume the Tea Hoasca
Categories:
Countries
Tags:
legality
, ayahuasca
, map
, Finland