Herman Duarte Explores Ayahuasca, Wellness Tourism, and Legal Reforms in Costa Rica in La Republica
Herman Duarte, founder of Simple Legal Consulting, was recently featured in an article discussing the intersection of wellness tourism, sacred plant ceremonies, and legal reforms in Costa Rica.
In the article, Herman Duarte explores critical topics related to the increasing global interest in plant-based therapies and the need for a structured legal framework, including:
The growing demand for ayahuasca and psilocybin ceremonies among international visitors.
The legal ambiguity surrounding these substances and their classification under Costa Rican law.
The importance of clear regulations to ensure safe, professional, and ethical retreat center operations.
Policy recommendations to position Costa Rica as a global leader in responsible wellness tourism.
The analysis underscores how a well-defined regulatory framework can enhance legal certainty, protect participants, and support sustainable economic growth in the wellness tourism sector.
Read the full article on this website, just scroll down and. the original in spanish here:Turismo de Bienestar y Plantas Sagradas en Costa Rica: La Necesidad de Una Regulación Clara.
At Simple Legal Consulting, we remain committed to providing legal and strategic solutions to some of Costa Rica’s most pressing issues.
Wellness Tourism and Sacred Plants in Costa Rica: The Need for Clear Regulation
Herman Duarte. Costa Rican lawyer. MSc from the London School of Economics (LSE) and LLM from Stockholm University. Founder of Simple Legal Consulting, combining academic rigor with innovative legal solutions.
Disclaimer:In this context, the term retreat center specifically refers to a hotel, lodging, or even an activity where the central aspect is the consumption of a plant such as ayahuasca or psilocybin. This definition by no means encompasses all types of retreat centers, as there is a wide variety of places offering wellness experiences without involving plant use. This article does not address the spiritual dimension and significance that sacred plants have for many people, nor does it delve into the important topics of religious freedom and freedom of consciousness, which undoubtedly protect the use of these sacred plants.
On Sunday, February 2, 2025, CBS's “60 Minutes” aired a report on how a group of war veterans, supported by the organization Heroic Hearts Project, turned to ceremonies with sacred plants (psilocybin, 5-MEO-DMT bufo, ayahuasca, among others) to find solutions for their post-traumatic stress. The results reported by the participants were astonishing, encouraging, and full of hope, offering new tools to restore balance to their psyche.
Dr. Shereef Elnahal, a graduate of Harvard University's Schools of Medicine and Business and Undersecretary for Health at the U.S. Department of Veterans Affairs—an entity that serves 9 million veterans and manages a $369.3 billion budget for 2025—emphasized the need to further investigate these therapies and bring them into a safe and effective medical environment instead of ridiculing or banning them. To grasp the power of this position, consider that Costa Rica has a population of approximately 5.2 million people and a central government budget of $23.94 billion.
Dr. Elnahal, possibly the most influential voice on veterans’ health in the U.S., responded to this phenomenon with a humble and rational stance: rather than demonizing, ridiculing, or restricting the freedoms of those seeking a way to feel better, he recognized that prescribing pharmaceuticals is not the only solution. He stressed the need to deeply study what happens in these ceremonies with sacred plants like ayahuasca and psilocybin, which have been consumed for centuries and have been shown to help awaken sensitivities, reconnect with the human essence, release traumas, and find meaning in existence. I believe that the resonance of his statement should spark the interest of the Costa Rican Ministry of Health to investigate these substances with curiosity and an open mind, as it has issued several warnings against the consumption of ayahuasca and other sacred plants (2025, 2021).
Of course, Dr. Elnahal is not an absolute authority whose words should be followed blindly, but it is worth noting that world-renowned institutions are conducting scientific studies on the benefits of these experiences. This raises the question of whether rigid and closed positions are truly appropriate. Institutions such as Johns Hopkins, Imperial College London, and MAPS (Multidisciplinary Association for Psychedelic Studies) have been researching these substances. InSwitzerland (the European one, not the Central American one), there are options for assisted psychedelic therapies, as well as multiple scientific research projects seeking volunteers to create science using the scientific method (the great exterminator of prejudices). In Oregon, USA, a general psilocybin law has been passed. These examples show that this is a growing global trend.
It is essential to clarify that these plants—considered sacred by many—such as ayahuasca and psilocybin, are 100% natural products derived from plants, not laboratories. They are not synthetic products and cannot be compared to substances like fentanyl, cocaine, or heroin, whose impact is devastating and in no way contributes to awakening consciousness. Ayahuasca is a brew made from the decoction of two plants: Psychotria viridis (chacruna) and Banisteriopsis caapi (ayahuasca). This brew contains components like dimethyltryptamine (DMT) and monoamine oxidase (MAO) inhibitors, which produce varied effects that allow one to delve into the depths of their subconscious.
Psilocybin is a psychoactive compound found in various types of hallucinogenic mushrooms, commonly known as "magic mushrooms." When ingested, the body converts it into psilocin, which interacts with serotonin receptors in the brain, producing effects such as altered perception, mood changes, deep introspection, and, in some cases, spiritual or mystical experiences.
Magic mushrooms grow throughout the country, mainly in stables, making them practically impossible to classify as illegal. The same applies to the plants that compose the brew known as ayahuasca.
But are they legal?
Good question.
Let’s analyze it. In Costa Rica, Law 8204 (Law on Narcotics, Psychotropic Substances, Unauthorized Drugs, Related Activities, Money Laundering, and Terrorism Financing) serves as the general legal framework for drug regulation. The law does not define what is meant by "a drug," but instead refers to international conventions ratified by Costa Rica:
(i) The 1961 Single Convention on Narcotic Drugs, as amended in 1972 (hereinafter, the Single Convention),
(ii) The 1971 Convention on Psychotropic Substances (hereinafter, the 1971 Convention), and
(iii) The 1988 United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances (hereinafter, the 1988 Convention).
It is worth noting that the 1971 International Convention on Psychotropic Substances classifies and prohibits dozens of substances in lists, and "List I" includes dimethyltryptamine (DMT) as a prohibited substance. However, it is important to emphasize that the banned form of DMT refers to the synthetic version produced in laboratories, not the naturally occurring form found in plants (see comments 32-12 and 32-13). Therefore, labeling natural DMT as illegal is questionable.
Similarly, it is important to highlight that none of the plants from which the ayahuasca brew is derived are included in that list. This means that anyone could grow them ornamentally in their garden, just as they would with roses, cacti, or a lemon or mango tree. This contrasts with the prohibition of other plants such as coca, cannabis, or opium, which are banned from cultivation.
The legality of these plants is evident in the fact that the National University of Costa Rica has a botanical garden with a medicinal plants subsection that includes a specimen of Banisteriopsis caapi. The same applies to synthetic psilocybin, which is mentioned in the referenced Convention, but there is no mention of the mushrooms that naturally contain it.
Thus, we can conclude that these naturally growing plants are not included in the lists of banned substances under United Nations conventions, which form the basis of international drug control legislation. What is explicitly prohibited are synthetic substances produced in laboratories, not those of natural origin. This distinction is crucial in determining legality.
A Unique Opportunity for Costa Rica
The case presented by CBS is just one example of a population group that has found answers to existential questions through these experiences. In recent months, this topic has gained media attention: NFL players, movie stars, and musicians have traveled to Costa Rica to experience the benefits of these plants (Londoño, 2020). The rise of retreat centers and wellness tourism is a growing global industry. According to Global Industry Analysts, the wellness industry—boosted by the COVID-19 pandemic and the resulting mental fragility—will reach $1.2 trillion by 2027 (Kamin, 2021).
Costa Rica has an opportunity to position itself as a global reference for retreat centers by implementing clear and direct legal regulations without ambiguities. The premise of such legislation could be as simple as:
"The consumption of sacred plants (ayahuasca, psilocybin, among others) is completely legal in Costa Rica. These ceremonies can be conducted safely and professionally in licensed establishments that pay taxes and employ qualified personnel to ensure a secure experience."
With this in mind, I believe a draft of ideas and regulatory principles could be as follows:
1. Regulation of Retreat Center Operations
Creation of an annual licensing system (for individuals and centers) with a fixed base payment and a variable component proportional to the center’s revenue. This way, centers with higher sales would contribute more to the state.
Clear regulation of the operation and billing of centers, ensuring that financial transactions are conducted through local accounts.
Definition of minimum infrastructure and safety standards for these centers.
2. Requirements for Participant Admission
Implementation of medical and psychological evaluation protocols before admission, as well as follow-up after the experience. This is crucial since there are contraindications for consuming these sacred plants, particularly when combined with antidepressant medications, which can pose serious health risks for participants.
Mandatory medical and psychological examinations to ensure that participants are fit for therapy.
Establishment of a detailed informed consent process for participants.
Guarantee of participation by indigenous communities in these practices.
3. Safety Conditions and Medical Supervision
Determination of the minimum number of healthcare professionals required to be present at each ceremony.
Requirement for emergency response plans in case of adverse reactions, including contracts with ambulance services and insurance coverage.
Mandatory presence of professionals certified in first aid and crisis management.
Chemical analysis/laboratory testing of the brews used in these ceremonies.
4. Oversight and Supervision
Creation of a supervisory entity under the Ministry of Health to ensure compliance with regulations.
Establishment of proportional sanctions in case of non-compliance.
Implementation of periodic audits to guarantee the safety and transparency of center operations.
5. Positioning Costa Rica as a Global Wellness Hub
Inter-institutional coordination to strengthen Costa Rica as a safe and regulated destination for wellness tourism.
Promotion of investment in the wellness industry under a solid legal framework that builds trust among operators and users.
Establishment of partnerships with international institutions for research and innovation in alternative therapies. Costa Rica could invite prestigious global universities to conduct scientific studies on the impacts of these substances.
Breaking Paradigms and Prejudices
It is time to recognize, as Natalia Rebollo aptly stated before the honorable Senate of the United Mexican States:
"In 1620, edicts of the Spanish Inquisition banned the consumption of certain substances… 403 years later, the Inquisition has taken on a new disguise, codified in criminal laws… where there is now a prohibition on the spirituality of the peoples who gave birth to our nation."
with this restrictive approach or maintaining ambiguous regulations that push these practices into illegality creates legal uncertainty and limits the development of best practices. It keeps us trapped in paradigms that prevent access to the therapeutic and spiritual potential that these plants can offer. It is impossible to outright dismiss these ancient entities, these sacred plants, which have survived extreme periods such as the colonization of the Americas and the Spanish Inquisition, yet continue to be scrutinized through the lens of the past—albeit in different forms, but always with the same clear intent: to eliminate, prohibit, degrade, and discard all ancestral indigenous knowledge.
It is essential to evaluate current regulations in light of new studies and international experiences.
It is time to move towards a regulatory framework that balances science, tradition, and freedom—allowing knowledge and exploration to be the pillars of our societal evolution.
Costa Rica has the opportunity to lead with intelligence, safety, and a vision for the future.
Costa Rica has the opportunity to explore a regulatory framework aligned with its reputation as a wellness destination.