The official legal stance on the production, purchase, and consumption of psychedelic substances (plants or otherwise) is one of zero tolerance. Prohibition is a direct legacy of the colonial era and the rise of the “War on Drugs” of the 20th century. This has created a legal framework that does not in any way line up with the cultural and spiritual history, abundant across the continent. The penalties are particularly harsh. These are some of the strictest laws in the world, which do not make any distinction between drugs like heroin and cocaine, and classic psychedelics like LSD, psilocybin, DMT, etc.
Nigeria provides a stark example. The National Drug Law Enforcement Agency (NDLEA) Act is the primary means of enacting prohibition in the country. Under this act, even possession of small amounts of any of these substances can lead to severe prison sentences. Section 19 states that if a user:
knowingly possesses or uses the drugs popularly known as cocaine, LSD, heroine or any other similar drugs by smoking, inhaling or injecting the said drugs shall be guilty of an offence and liable on conviction to imprisonment for a term not less than fifteen years but not exceeding 25 years.
15 to 25 years in prison for possession is wild, but now consider that in 2024, the Nigerian Senate proposed a bill to introduce the death penalty to combat drug trafficking offences. This was widely supported by those believing the already incredibly strict measures – including life imprisonment – were not sufficient.
South Africa is quite often seen as a more progressive part of the region, but its drug laws are similarly stringent. Classic psychedelics like LSD and DMT are strictly prohibited, classed as “Schedule 7” substances. This means they are considered “undesirable” and “dependence-producing” with no medicinal value. Possession, cultivation, or use is a criminal act, with no differentiation between private, personal consumption and seemingly more involved offences.
In total contrast to this, and illustrating the vast melting pot that the African continent is, a completely different reality exists in Gabon. As we’ve already stated, the iboga root is a central element of the indigenous Bwiti religion. It is classified as a “national heritage” plant, and the use of iboga is a constitutionally protected spiritual practice. This creates one of the most interesting, unique prohibition models for a psychedelic substance from around the world. The use of iboga is controlled, and its exportation is banned by Gabonese law. This is not, however, because it is considered a dangerous “drug”. The fact is, iboga is simply a sacred, cultural resource that needs to be protected.
The surging global demand for iboga, as a result of its recognition as a potential adjunct to psychedelic-assisted therapy, has birthed a flourishing illegal trade. Again, Gabon does not consider this a domestic drug problem; rather, it is the poaching and trafficking of a protected part of culture.
The contradiction between the legal landscape and the actual practice of these laws is illustrated well by South Africa. This is not so much driven by cultural or historical usage of these substances; it is more the modern wellness industry and corresponding legal activism. Despite psilocybin’s presence on the Schedule 7 list, a grey market of wellness retreats and underground healers is increasingly publicly visible. Many retreats in the Cederberg area openly advertise “microdosing journeys” or other psilocybin-related experiences. They are carefully presented as mindfulness activities with the drug as an adjunct, as opposed to the main purpose, to avoid any obvious legal challenges. As the psychedelic renaissance rumbles on and demand continues to grow domestically and abroad, this grey market will likely continue to expand, and laws will eventually have to be put in place to adequately regulate it.
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