5-MeO-DMT is unscheduled in the United States. It is possible that it could be considered an analog (of N,N-DMT), in which case, sales for human consumption or possession with the intent to ingest could be prosecuted under the Federal Analogue Act though we are unaware of any existing federal cases (6/21/04). We have heard of a prosecution for sales of 5-MeO-DMT under the Analog Act in California in the mid-1990's, but have been unable to find documentation for this, nor do we know the outcome of the case.

On August 21, 2009, the DEA entered a proposed rule change in the Federal Register (Volume 74, Number 161) to Schedule I of the Controlled Substances Act. It is extremely likely that this rule will become final and 5-Meo-DMT will become Schedule I in the United States. On October 28, 2009, the DEA extended the comment period to November 27, 2009. See http://edocket.access.gpo.gov/2009/E9-25939.htm.