Is DMT Legal in Australia? A Comprehensive Guide

The question of whether DMT is legal in Australia has a clear answer. DMT (N,N-dimethyltryptamine) is a Schedule 9 prohibited substance in Australia. Consequently, its possession, use, manufacture, supply, and importation are illegal across every state and territory. Understanding the full scope of these prohibitions, the penalties involved, and the evolving research landscape is essential. This guide provides clarity on this powerful psychedelic compound.

The Legal Status: Schedule 9 Prohibition

First and foremost, you must understand the foundational legal reality. Authorities classify DMT as a Schedule 9 prohibited substance under the Australian Poisons Standard. This classification places it in the highest category of restriction. Authorities reserve this category for substances they consider to have no accepted medical use and a high potential for abuse.

Furthermore, the Office of Drug Control explicitly lists DMT as a controlled substance. It requires both an import licence and an import permit. Therefore, its importation and exportation are strictly controlled.

Ayahuasca and DMT: The Same Legal Status

A common source of confusion involves ayahuasca, the Amazonian brew containing DMT. Many Australians wonder whether ayahuasca enjoys a different legal status than pure DMT. The answer is no.

The possession, use, manufacture, supply, importation, or exportation of ayahuasca, more specifically DMT, is illegal across all States and Territories in Australia. These activities carry significant criminal penalties. The psychoactive component of ayahuasca, DMT, is a Schedule 9 prohibited drug. Consequently, authorities have criminalised it in all States and Territories.

State and Territory Enforcement

While drug laws are enforced at the state and territory level, the approach to DMT is remarkably consistent across Australia.

New South Wales

In NSW, the Drug Misuse and Trafficking Act 1985 classifies dimethyltryptamine (DMT) as a prohibited drug. The penalties are severe.

Possession: A person found in possession of a prohibited drug in NSW is guilty of an offence. This offence carries a maximum penalty of two years imprisonment and/or a fine of $2,200.

Supply penalties escalate dramatically based on quantity:

• Small quantity (0.8 grams or 4 dosage units): $5,500 fine and/or 2 years imprisonment (Local Court), or $220,000 fine and/or 15 years imprisonment (District Court)
• Traffickable quantity (3 grams or 15 dosage units): $11,000 fine and/or 2 years imprisonment (Local Court), or $220,000 fine and/or 15 years imprisonment (District Court)
• Indictable quantity (5 grams or 25 dosage units): $11,000 fine and/or 2 years imprisonment (Local Court), or $385,000 fine and/or 15 years imprisonment (District Court)
• Commercial quantity (0.5 kg): $385,000 fine and/or 20 years imprisonment
• Large commercial quantity (2 kg): $550,000 fine and/or life imprisonment

Additionally, if a person is found in possession of DMT in quantities over the trafficable quantity (3 grams), there is a prima facie case for the offence of supply under section 25 of the Act.

Victoria, Queensland, and Other States

The pattern repeats across the country. Victoria criminalises DMT under the Drugs, Poisons and Controlled Substances Act 1981. Queensland enforces its prohibitions through the Drugs Misuse Act 1986. Tasmania, South Australia, the Northern Territory, and Western Australia all have similar legislation criminalising DMT.

The Australian Capital Territory

The ACT presents a unique case that warrants clarification. Although the ACT has decriminalised the possession of small amounts of some illicit drugs, this has not extended to the possession and use of DMT. DMT remains a prohibited substance in the ACT under the Drugs of Dependence Act 1989.

Importation: A Serious Federal Offence

Importing DMT into Australia is a serious federal offence. The Office of Drug Control requires both an import licence and an import permit for DMT. Furthermore, the Australian Border Force actively monitors international mail centres for packages containing prohibited substances.

Clinical Research: A Limited Legal Pathway

Despite the universal prohibition, a narrow pathway exists for clinical research. Australia has become a global leader in psychedelic medicine. It became the first country to allow authorised psychiatrists to prescribe psilocybin for treatment-resistant depression and MDMA for PTSD from July 2023.

DMT is not included in this authorised therapeutic framework. However, Australian clinical and institutional activity has broadened significantly. The Clinical Psychedelic Lab at Monash University is Australia’s first psychedelic lab. It has conducted clinical trials using psilocybin, MDMA, and 5-MeO-DMT for depression, anxiety, and post-traumatic stress.

Swinburne University of Technology received a $1.97 million grant from the Medical Research Future Fund. This grant funds a clinical trial using DMT for adults with alcohol use disorder and/or major depressive disorder. Dr Daniel Perkins, Senior Research Fellow at the University of Melbourne, is leading a randomised controlled trial. This trial investigates the use of a DMT-based drug for major depression and alcohol use disorder.

Melbourne-based Neurala Biosciences is developing second-generation DMT-harmala alkaloid neuromedicines. Their Phase 1 proof-of-concept study was published in Scientific Reports in 2025.

Religious Freedom Arguments

Some Australians have attempted to argue that their use of ayahuasca constitutes religious practice. They claim protection under section 116 of the Constitution. However, Australian courts have rejected these arguments.

In a 2024 NSW Civil and Administrative Tribunal case, the Tribunal found that the practices engaged in by an individual organising ayahuasca retreats did “not meet the definition of a religion for the purposes of the Constitution”. Even if they did, the Tribunal noted, “Mr Solaris could not avail himself of the constitutional protections as the practices of concern are unlawful. As noted above, both Kambo and the active component of Ayahuasca, DMT, are prohibited substances”.

The NSW Health Care Complaints Commission subsequently issued a permanent prohibition order against Soulore Solaris. This order took effect from 25 September 2025. It prohibits him from providing any ceremony or service in which ayahuasca, DMT, or kambo is present.

Conclusion

DMT is unequivocally illegal in Australia. It is a Schedule 9 prohibited substance under the Poisons Standard. Authorities have criminalised it in all states and territories with no general therapeutic pathway. The penalties for possession, supply, and importation are severe. They range from fines and imprisonment to potential life sentences for commercial quantities.

Ayahuasca, which contains DMT, enjoys no special legal status. The ACT’s decriminalisation of some drugs does not extend to DMT. Importation requires both a licence and a permit.

However, Australia is also at the forefront of psychedelic research. Clinical trials investigating DMT-based treatments for depression and alcohol use disorder are underway. These developments suggest that while DMT remains illegal today, its therapeutic potential is being actively explored within strictly regulated scientific frameworks.