Criminal implications of behaviours related to ayahuasca. A study of the material object in the "other" crimes against public health

Abstract

In recent times, ayahuasca, an Amazonian visionary drink, has experienced a growing presence in our societies. This phenomenon has raised questions regarding its criminal law treatment. This article addresses the complex problem of determining whether ayahuasca can be considered in a de lege lata perspective material object of any of the criminal offences that protect public health, beyond the specific offences related to toxic drugs, narcotic drugs and psychotropic substances, given that the International Narcotics Control Board has repeatedly affirmed its exclusion as a controlled substance at the international level. In this sense, the research is based on an exhaustive analysis of the various categories of material objects contemplated in Chapter III of Title XVII of the Criminal Code. In particular, the possible inclusion of ayahuasca in the material objects of pharmacological crimes, food crimes and crimes related to dangerous substances is examined. Exclusively in those cases in which this preparation can be identified with the material object of any of them, the analysis will be extended to the rest of the typical elements of the crime in order to check the possible criminal relevance of the behaviours related to such a drink.