2C-I-NBOMe is unscheduled in the United States. It is possible that it would be considered an analog (of 2C-I), in which case, sales for human consumption or possession with the intent to ingest could be prosecuted under the Federal Analogue Act or state analog acts.

There is an ongoing federal case in the U.S. by the Department of Homeland Security attempting to prosecute 25I-NBOMe under the federal analog act.

An informal evaluation by Robert Block of Wisconsin's Controlled Substances Board in September 2011 stated that he believed 2C-I-NBOMe to qualify as an analog of 2C-I (a Schedule I controlled substance in Wisconsin). "I would like to first make clear that all statements made to your questions are 'MY' opinion and I am neither speaking on behalf of the Wisconsin Crime Laboratories or the Controlled Substances Board (I am the current Chair of CSB). [...] It is my opinion that 25I-NBOMe would qualify as an analog of 2C-I [...]." See drl.wi.gov/board_docview.asp?docid=247&boardid=12&locid=0.