Legal loophole allows use of psychedelic tea to flourish in Spain, Portugal

Ayahuasca, a psychoactive plant-based brew originating in South America and traditionally used in Indigenous medicine and shamanic rituals, has surged in popularity in recent years as part of the global wellness movement. However, because the brew contains dimethyltryptamine (DMT) — a powerful hallucinogen that can induce intense visions, vomiting and profound psychological experiences — it remains banned in most European countries.

Spain and Portugal are frequently cited as exceptions, creating space for a growing number of ayahuasca retreats that are more accessible to European participants, as noted in an article by Euronews.

Interest in the Indigenous practice has expanded across Europe and the United States, driven in part by the rise of spiritual tourism, high-profile discussions by celebrities about psychedelic use, and broader conversations about mental health and spirituality.

“Reduced travel time and costs make these retreats far more accessible, while European standards of accommodation, food, hygiene and services provide a level of comfort many participants expect,” says Alejandro Carbó, founder of Avalon retreats, which operate in Spain and Portugal.

At Avalon’s centres, medical professionals, psychologists and integration guides are present to support participants.

“There is also greater trust rooted in familiarity with the culture, territory, food and social norms, which lowers the psychological threshold for participation,” Carbó adds.

Both Spain and Portugal have long been popular holiday destinations for Europeans, and many retreats incorporate additional wellness elements such as yoga, meditation and art therapy tailored to Western preferences.

Still, as demand grows, so do concerns about safety and legal ambiguity.

In most European countries, ayahuasca use is prohibited due to drug laws. But Spain and Portugal are often characterized as comparatively “permissive,” Carbó explains.

“This is not because ayahuasca is explicitly legal, but because of how their legal frameworks operate in practice. In both countries, ayahuasca as a brew is not specifically scheduled, which places it in a legal grey zone rather than under a clear prohibition,” he says.

In Spain, court rulings have often distinguished between private, non-commercial use and activities involving trafficking or public harm. In Portugal, the country’s reputation for leniency is linked to its 2001 decriminalization of drug possession for personal use and its public-health-oriented approach to enforcement.

Ayahuasca is typically prepared using the plants Banisteriopsis caapi and Psychotria viridis, both of which have psychoactive properties. Health experts caution that the brew can interact dangerously with various medications, including antidepressants, psychiatric drugs, Parkinson’s treatments, certain cough medicines and weight-loss medications. It can also raise heart rate and blood pressure, posing risks for individuals with cardiovascular conditions.

By Nazrin Sadigova