Ancient Spiritual Practices Connected to Ayahuasca or Cocaine High?
May 18, 2023
The Decree of the Ministry of Health dated February 23, 2022, included “Ayahuasca, extract, ground, powder” in Table 1 of the Consolidated Law on Narcotic Drugs (Presidential Decree 309/1990).
Since March 14, 2022, Ayahuasca has been equated with drugs such as heroin, cocaine, or LSD in Italy. Worldwide, only France has taken such a strict stance on a beverage whose origins trace back to the ancient traditions of spiritual cults in the Amazon rainforest.
In Italy, since November, Amelia (fictitious name, ed.) has been detained in prison under the offense provided for by Article 73 of Presidential Decree 309/90.
Despite having no criminal record, she has been denied house arrest, being equated with the most ruthless street drug dealers. We will not disclose further details about the case, as the criminal proceedings are ongoing. We work with the utmost respect for values such as the presumption of innocence, the secrecy of investigations, and human dignity.
The Ayahuasca case is of great interest, not only legally but also involving scientific, medical, spiritual, and religious themes related to freedom of worship, a fundamental right protected by Article 19 of the Italian Constitution.
What is Ayahuasca?
The Italian State Police has mentioned Ayahuasca for some time within the “Encyclopedic Glossary of Abused Substances and Hallucinogenic Plants.” The definition begins as follows: “Ayahuasca, in the Quechua language, means ‘vine of the spirits,’ also called yagé or ‘rope of the soul’ (capturer of the soul) in Spanish, known by natives in many other ways: caapi, chacrina, daime. It is a psychotropic infusion with a millenary tradition considered sacred by the indigenous people of the entire Amazon forest basin. It has always been used by the local population to treat various forms of discomfort and illnesses…”
It is a preparation made using the bark of the vine Banisteriopsis caapi, to which a second plant, usually Psychotria viridis, is added. The two plants are boiled for many hours until a thick, chestnut-colored, extremely bitter, repulsive, and nauseating liquid is obtained, which often causes vomiting and diarrhea.
Not exactly something pleasant, recreational, to be enjoyed during an aperitif or before a romantic date. Quite the opposite.
The healing properties of Ayahuasca or Santo Daime, considered the most important and powerful medicine in Amazonian pharmacopeia, have been the subject of numerous studies involving sociologists, anthropologists, doctors, chemists, and psychologists.
Those curious can take a look at the website PubMed.gov (National Library of Medicine), an international reference for biomedical literature, where they can find 520 scientific studies on the beverage.
Ayahuasca has been used, among others, for the treatment of depression and in rehabilitation for substance dependencies. From a physical perspective, the beverage has a significant purgative action, acting as a potent detoxifier.
From a chemical standpoint, Ayahuasca is composed of DMT (naturally present in mimosa, tomatoes, beans) in combination with harmine and/or harmaline, two alkaloids with anticancer and anti-degenerative properties, with potential therapeutic applications in the treatment of Parkinson’s disease, Alzheimer’s disease, and Lewy body dementia.
According to the tradition of South America, Ayahuasca is exclusively consumed during ceremonial rituals, in which people of all social backgrounds and ages, from children to pregnant women, participate.
In Peru, the ritual followed by native communities is even considered a national cultural heritage. The consumption is subject to specific regulations not only in Brazil but also in the United States (where it is imported by the DEA) and Canada. According to tradition, the ancient and primordial use of the preparation was and is instrumental in obtaining higher knowledge of the world of men and the world of spirits, closely tied to shamanism.
Modern times have come to know Ayahuasca through the Santo Daime religion, which is spread worldwide and represented in Italy by ICEFLU.
Why is it considered a narcotic substance?
In Italy, the legislation has not provided a definition of narcotics. Instead, a so-called tabular system is adopted, whereby the list of “drugs” is determined by the Ministry of Health through tables that are constantly updated.
The offense of drug trafficking, provided for by Article 73 of Presidential Decree 309/90, is punishable by imprisonment for 6 to 20 years. It is what is technically referred to as a “blank criminal provision.” In summary, the conduct of “illicit production, trafficking, and possession of narcotic or psychotropic substances” is sanctioned solely based on the definition of “narcotic substance” established by the ministerial tables governed by Article 13 of Presidential Decree 309/90.
To date, Ayahuasca is not subject to international conventions or agreements on narcotic or psychotropic substances. The International Narcotics Control Board (INCB) has repeatedly declared that Ayahuasca is not under international control.
There is also no “new scientific evidence” demonstrating the beverage’s harm to health.
In over 30 years of controlled and registered consumption, no cases of poisoning, health risks, or public order issues have been recorded. The only opposing data are two reports to the poison control center in Pavia in 2011 and 2018, but the medical data has not been published.
Moreover, the inclusion of Ayahuasca in Table 1 restricts the religious practice of Santo Daime, compromising religious freedom without being supported by medical-scientific foundations or reasons of public order or morality.
For these reasons, there is currently an appeal pending before the Lazio Regional Administrative Court against the illegitimacy of the ministerial decree of February 23, 2022, which classified Ayahuasca as a narcotic substance.
In the meantime, Amelia, after 104 days of pretrial detention, has been released.
On March 9, 2023, the Court of Cassation, accepting the defense’s appeal, annulled without referral the order that confirmed the preventive detention issued by a Court of Review.
The reasons for the judgment are awaited.
Amelia still faces a criminal charge that could result in a sentence of 6 to 20 years of imprisonment, and the trial will start in October.
Today, Amelia is free once again.
