THE CONFEN RESOLUTION ON AYAHUASCAA
Minutes of a Meeting of the Federal Council on Narcotics
Published in the “Diario Oficial” – Section 1, Number 11467, on 24th August 1992 (Number 157/92)
Minutes of the 5th Ordinary Meeting which took place on the 2nd June 1992
At half past nine on the second of June 1992, a meeting was held in the Meeting Room of the Annexe Building number 2 of the Justice Ministry in Brasilia, of the Federal Council on Narcotics (CONFEN), at its 5th Ordinary Meeting of the current year, under the chairmanship of Dr Ester Kosovski, representing the Justice Ministry. The following people were present:
CANDIDA ROSILDA DE MELO, representing the Education Ministry; DITA PAULA SNEL DE OLIVEIRA, representing the Education Ministry; ARNALDO MADRUGA FERNANDES, representing the Brazilian Medical Association; ALOISIO ANDRADE FREITAS, representing the Brazilian Medical Association; UBYRATAN GUIMARAES CAVALCANTI, representing the Justice Ministry; FRANCISCO DA COSTA BAPTISTA NETO, representing the Justice Ministry; CARLOS CESAR CASTELLAR PINTO, representing the Justice Ministry; DOMINGO SAVIO DO NASCIMENTO ALVES, representing the Health Ministry; WILSON ROBERTO GONZAGA DA COSTA, representing the Labour Ministry; MARIA DULCE SILVA BARROS, representing the Ministry of Foreign Affairs; ALVARO NUNES DE OLIVEIRA, representing the Economy, Finance and Planning Ministry; CECILIA ISABEL PETRI, representing the Economy, Finance and Planning Ministry; SERGIO SAKON, representing the Federal Police Secretariat; DOMINGOS BERNARDO GIALLUISI DA SILVA SA, legal representative; NELIO ROBERTO SEIDL MACHADO, legal representative. The meeting was also attended by DR ANA LUCIA ROCHA STUDART, General Coordinator for Coordination between Sectors; and ADELIO CLAUDIO BASILE MARTINS, from the same department. Dr ESTER KOSOVSKI began the meeting…/
Section of the minutes relevant to Ayahuasca.
d. Counsellor Domingos Bernardo Gialluisi da Silva Sa presented his report about “AYAHUASCA TEA”, whose contents were unanimously approved and whose conclusion says:
“29 – The conclusion proposed in the 1987 final report, resulting from the studies carried out by the Working Group, set out by CONFEN resolution number 4 of 30.07.1985, has been maintained by CONFEN since then. I seen no reason to change it. On the contrary: there is today a serious additional argument to confirm it: the time which has passed since 1986, when the banning of Ayahuasca was provisionally lifted. The authorities have therefore been monitoring the use of Ayahuasca for six years, after it was prohibited in 1985, interrupting the use of the substance which had been going on for decades.
30. Time has shown that CONFEN has acted and continues to act correctly. The community has managed to use its own controls perfectly adequately without any interference from the state, which if it acted differently would be creating problems with unnecessary and uncalled-for intervention. Therefore I submit the following recommendations for the Committee to decide upon:
a. Ayahuasca, whose main Brazilian names are “Santo Daime” and “Vegetal”; and the botanic species which make up the “Banisteriopsis Caapi”, commonly known as the “jaguba creeper” or “mariri”; and the “Psychotria Viridis”, known as “queen” or “chacrona”, should remain excluded from the list of DIMED, or whichever body has the responsibility of enforcing what is set out in Article 36 or Law number 6,368 of 21.10.1976.
b. The legitimate use of Ayahuasca may be re-examined in the future, as may the use of any other substance which acts on the central nervous system, as long as this is re-examination is carried out on the basis of new facts whose essential points have not yet been considered by CONFEN. It should be borne in mind that it is important for stability within public administration and for the individuals involved, that decisions already taken by the Council should be observed and adhered to.
c. A mixed commission should be set up, made up of members of CONFEN, any advisors they choose to co-opt, and representatives of organisations which use Ayahuasca in their ceremonies. This commission will aim to consolidate the basic rules and principles common to these organisations partly in order to keep the authorities up-to-date.
d. The current report also includes copies of an earlier report – from September 1987 – and its source documents. These are now presented again for the CONFEN archives in case they may be of use to assist any requests for clarification made by interested parties.