Despite the lack of safety information on the compound, brorphine has been sold as a designer drug since mid-2019, initially being identified in the US Midwest, though it has since been found in 2020 in Belgium.

[4][5] Brorphine was first identified in the U.S. recreational drug supply in July 2020 by the Center for Forensic Science Research and Education (CFSRE) through its NPS Discovery program; however, earlier identifications by the Drug Enforcement Administration (DEA) may have come as early as late 2019.

Recently data from CFSRE and NMS Labs show that brorphine has been detected in more than 100 cases as of October 2020.

[7][8][9] Brorphine is not controlled under the Single Convention on Narcotic Drugs,1961 or under the Federal Analogue Act, however it could be illegal to sell, produce, possess or consume it in several countries if it is sold for human consumption.

[10] On February 3, 2023, the DEA filed plans in the Federal Register for permanent placement of brorphine into Schedule I.