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Banana
Posted by: Rick Collins, J.D.
Sunday, January 05, 2003
Federal and State Steroid Laws
U.S. Federal Law
Laws of the States
U.S. Federal Law
The Anabolic Steroids Control Act of 1990 became law on November 29, 1990, when former President Bush signed the Omnibus Crime Control Bill. The law applies in every Federal court across the country. It places steroids in the same legal class - Schedule III -- as barbiturates, LSD precursors, veterinary tranquilizers like ketamine and narcotic painkillers like Vicodin. Simple possession of any Schedule III substance is a federal offense punishable by up to one year in prison and/or a minimum fine of $1,000. Simple possession by a person with a previous conviction for certain offenses, including any drug or narcotic crimes, must get imprisonment of at least 15 days and up to two years, and a minimum fine of $2,500. Individuals with two or more such previous convictions face imprisonment of not less than 90 days but not more than three years, and a minimum fine of $5,000, just for simply possessing. Selling steroids, or possessing them with intent to sell, is a federal felony. An individual who sells steroids, or possesses with intent to sell, is punishable by up to five years in prison (with at least two additional years of supervised release) and/or a $250,000 fine. An individual who commits such a violation after a prior conviction for a drug offense faces up to ten years imprisonment (with at least four additional years of special parole) and/or increased fines.
The Anabolic Steroids Control Act can be enforced and violations prosecuted in every state. The primary federal law enforcement agencies dealing with anabolics include the Drug Enforcement Agency (DEA), U.S. Postal Inspectors and U.S. Customs. Airport and border stops are obviously a common way that persons possessing anabolics come to the attention of law enforcement. But federal authorities can investigate anabolic steroid distribution in a variety of ways. For example, monitoring news groups and chat rooms on the Internet has become a common approach of federal agents. Trying to sell or buy steroids over the Internet can be an excellent way of getting oneself arrested. It is safest to assume that anyone looking for steroids on the Internet is an undercover police agent.
Anyone arrested and prosecuted in federal court will face sentencing under the United States Sentencing Guidelines (USSG). The guidelines are essentially a grid that takes into account the quantity of steroids involved in the case as well as the prior criminal history of the offender. Doing the mathematical calculations to determine the potential USSG exposure in a steroid case is crucial. [Note that LEGAL MUSCLE presents the first-ever chart applying anabolic steroid quantities to the USSG!]
Laws of the States
Each state has the right to enact its own laws to regulate drugs that are deemed dangerous. Generally, state legislatures place these substances into “schedules,” imposing restrictions on their availability and punishments for their possession, manufacture or distribution. Under federal law, there are five schedules of controlled substances ranging from Schedule I (high potential for abuse and no currently accepted medical use in treatment) to Schedule V (currently accepted medical uses and relatively low potential for abuse as compared to other controlled drugs). Congress and many states (including Connecticut, by regulation) have listed anabolic steroids under Schedule III, but there are exceptions. Examples: New York listed steroids in Schedule II and Alaska didn’t schedule them at all!
Each state is also free to define anabolic steroids as it pleases, typically by setting forth a laundry list of included compounds followed by a catch-all provision for any other muscle-building androgens that might have been overlooked. Regrettably, state and federal lawmakers appear to have received limited guidance from experts. For example, Congress and many state legislatures listed testolactone as an anabolic steroid, but this substance lacks testosterone’s anabolic and androgenic properties. As in the federal law, Connecticut lists D-bol twice – as “methandienone” and as “methandrostenolone” – and lists the potent androgen DHT as both “dihydrotestosterone” and “stanolone.” Why, in case you missed them the first time? In some states, such as Rhode Island, both anabolic steroids and human growth hormone are controlled substances. Pennsylvania, on the other hand, has gone out of its way to say that growth hormone “shall not be included as an anabolic steroid.” And Delaware inexplicably legislated the term “human growth hormone” to be “synonymous with the term ‘human chorionic gonadotropin.’” What? Wrong! What a mess!
States are further free to draft their own laws about how to deal with steroid offenders. Let’s take the typical first-time possession of a small quantity of steroids for personal use. In Connecticut, it’s a misdemeanor with, at worst, up to a year in jail unless it occurs near a school, in which case there’s additional imprisonment. In Arizona it’s technically a felony, but under a new law eligible offenders get probation with drug treatment in lieu of prison. In Colorado, a bizarre distinction makes “using” juice a misdemeanor but “possessing” it a felony! In Florida and Georgia, simple possession of any amount is a felony with up to five years imprisonment, and in Alabama it’s a felony with up to ten years in prison! In Louisiana, you can face imprisonment with hard labor for a first offense of mere personal use possession!
Of course, we’re talking about maximum, not typical, sentences here, and many states have mechanisms favoring rehabilitation or supervision for first-time offenders, such as withheld judgments, suspended sentences, interim probation before judgment (PBJ) or pretrial diversion. On the other hand, you can expect higher potential punishments where there are aggravating factors such as large quantities or evidence of intent to distribute.
In New York State, as an example, the New York Public Health Law Section 3306 classifies the following as Schedule II controlled substances:
(h) Anabolic steroids. Unless specifically excepted or unless listed in another schedule, 'anabolic steroid' shall mean any drug or hormonal substance, chemically and pharmacologically related to testosterone (other than estrogens, progestins and corticosteroids) that promotes muscle growth, any drug or hormonal substance that stimulates the endogenous production of steroids in the human body which acts in the same manner, or any material, compound, mixture, or preparation which contains any amount of the following substances: (1) Boldenone. (2) Clostebol. (3) Dehydrochlormethyltestosterone. (4) Drostanolone. (5) Ethylestrenol. (6) Fluoxymesterone. (7) Formebulone (formebolone). (8) Mesterolene. (9) Methandriol. (10) Methandrostenolone. (11) Methenolone. (12) Methyltestosterone. (13) Mibolerone. (14)Nandrolone. (15) Norethandrolone. (16) Oxandrolone. (17) Oxymesterone. (18) Oxymetholone. (19) Stanolone. (20) Stanozolol. (21) Testosterone. (22) Trenbolone. (23) Any salt, ester or isomer of a drug or substance described or listed in this subdivision, if such salt, ester or isomer promotes muscle growth.
(i) Subdivision (h) of this section shall not include any substance containing anabolic steroids expressly intended for administration through implants to cattle or other nonhuman species and that are approved by the federal food and drug administration solely for such use. Any individual who knowingly and willfully administers to himself or another person, prescribes, dispenses or distributes such substances for other than implantation to cattle or nonhuman species shall be subject to the same penalties as a practitioner who violates the provisions of this section or any other penalties prescribed by law.
(j) Chorionic gonadotrophin. Unless specifically excepted or unless listed in another schedule any material, compound, mixture, or preparation which contains any amount of chorionic gonadotrophin."
Possession of a controlled substance can be prosecuted as a misdemeanor criminal offense under Section 220.03 of the New York State Penal Law. A class "A" misdemeanor, Criminal Possession of a Controlled Substance in the Seventh Degree is punishable by up to one year in jail, although few first-time offenders are sentenced to jail time.
Under Section 220.31 of the New York State Penal Law, sale of anabolic steroids is a class "D" felony in New York, regardless of the quantity sold. In New York, "sell" is defined to include simply giving away as well as the act of offering or agreeing to sell. Sale of steroids is punishable by up to seven years in prison. Even gainfully employed, first-time offenders in many parts of New York State can serve some jail time, be placed on five years of supervision by the local probation department, and suffer the lifelong stigma of a felony drug sale conviction.
Sunday, January 05, 2003
Federal and State Steroid Laws
U.S. Federal Law
Laws of the States
U.S. Federal Law
The Anabolic Steroids Control Act of 1990 became law on November 29, 1990, when former President Bush signed the Omnibus Crime Control Bill. The law applies in every Federal court across the country. It places steroids in the same legal class - Schedule III -- as barbiturates, LSD precursors, veterinary tranquilizers like ketamine and narcotic painkillers like Vicodin. Simple possession of any Schedule III substance is a federal offense punishable by up to one year in prison and/or a minimum fine of $1,000. Simple possession by a person with a previous conviction for certain offenses, including any drug or narcotic crimes, must get imprisonment of at least 15 days and up to two years, and a minimum fine of $2,500. Individuals with two or more such previous convictions face imprisonment of not less than 90 days but not more than three years, and a minimum fine of $5,000, just for simply possessing. Selling steroids, or possessing them with intent to sell, is a federal felony. An individual who sells steroids, or possesses with intent to sell, is punishable by up to five years in prison (with at least two additional years of supervised release) and/or a $250,000 fine. An individual who commits such a violation after a prior conviction for a drug offense faces up to ten years imprisonment (with at least four additional years of special parole) and/or increased fines.
The Anabolic Steroids Control Act can be enforced and violations prosecuted in every state. The primary federal law enforcement agencies dealing with anabolics include the Drug Enforcement Agency (DEA), U.S. Postal Inspectors and U.S. Customs. Airport and border stops are obviously a common way that persons possessing anabolics come to the attention of law enforcement. But federal authorities can investigate anabolic steroid distribution in a variety of ways. For example, monitoring news groups and chat rooms on the Internet has become a common approach of federal agents. Trying to sell or buy steroids over the Internet can be an excellent way of getting oneself arrested. It is safest to assume that anyone looking for steroids on the Internet is an undercover police agent.
Anyone arrested and prosecuted in federal court will face sentencing under the United States Sentencing Guidelines (USSG). The guidelines are essentially a grid that takes into account the quantity of steroids involved in the case as well as the prior criminal history of the offender. Doing the mathematical calculations to determine the potential USSG exposure in a steroid case is crucial. [Note that LEGAL MUSCLE presents the first-ever chart applying anabolic steroid quantities to the USSG!]
Laws of the States
Each state has the right to enact its own laws to regulate drugs that are deemed dangerous. Generally, state legislatures place these substances into “schedules,” imposing restrictions on their availability and punishments for their possession, manufacture or distribution. Under federal law, there are five schedules of controlled substances ranging from Schedule I (high potential for abuse and no currently accepted medical use in treatment) to Schedule V (currently accepted medical uses and relatively low potential for abuse as compared to other controlled drugs). Congress and many states (including Connecticut, by regulation) have listed anabolic steroids under Schedule III, but there are exceptions. Examples: New York listed steroids in Schedule II and Alaska didn’t schedule them at all!
Each state is also free to define anabolic steroids as it pleases, typically by setting forth a laundry list of included compounds followed by a catch-all provision for any other muscle-building androgens that might have been overlooked. Regrettably, state and federal lawmakers appear to have received limited guidance from experts. For example, Congress and many state legislatures listed testolactone as an anabolic steroid, but this substance lacks testosterone’s anabolic and androgenic properties. As in the federal law, Connecticut lists D-bol twice – as “methandienone” and as “methandrostenolone” – and lists the potent androgen DHT as both “dihydrotestosterone” and “stanolone.” Why, in case you missed them the first time? In some states, such as Rhode Island, both anabolic steroids and human growth hormone are controlled substances. Pennsylvania, on the other hand, has gone out of its way to say that growth hormone “shall not be included as an anabolic steroid.” And Delaware inexplicably legislated the term “human growth hormone” to be “synonymous with the term ‘human chorionic gonadotropin.’” What? Wrong! What a mess!
States are further free to draft their own laws about how to deal with steroid offenders. Let’s take the typical first-time possession of a small quantity of steroids for personal use. In Connecticut, it’s a misdemeanor with, at worst, up to a year in jail unless it occurs near a school, in which case there’s additional imprisonment. In Arizona it’s technically a felony, but under a new law eligible offenders get probation with drug treatment in lieu of prison. In Colorado, a bizarre distinction makes “using” juice a misdemeanor but “possessing” it a felony! In Florida and Georgia, simple possession of any amount is a felony with up to five years imprisonment, and in Alabama it’s a felony with up to ten years in prison! In Louisiana, you can face imprisonment with hard labor for a first offense of mere personal use possession!
Of course, we’re talking about maximum, not typical, sentences here, and many states have mechanisms favoring rehabilitation or supervision for first-time offenders, such as withheld judgments, suspended sentences, interim probation before judgment (PBJ) or pretrial diversion. On the other hand, you can expect higher potential punishments where there are aggravating factors such as large quantities or evidence of intent to distribute.
In New York State, as an example, the New York Public Health Law Section 3306 classifies the following as Schedule II controlled substances:
(h) Anabolic steroids. Unless specifically excepted or unless listed in another schedule, 'anabolic steroid' shall mean any drug or hormonal substance, chemically and pharmacologically related to testosterone (other than estrogens, progestins and corticosteroids) that promotes muscle growth, any drug or hormonal substance that stimulates the endogenous production of steroids in the human body which acts in the same manner, or any material, compound, mixture, or preparation which contains any amount of the following substances: (1) Boldenone. (2) Clostebol. (3) Dehydrochlormethyltestosterone. (4) Drostanolone. (5) Ethylestrenol. (6) Fluoxymesterone. (7) Formebulone (formebolone). (8) Mesterolene. (9) Methandriol. (10) Methandrostenolone. (11) Methenolone. (12) Methyltestosterone. (13) Mibolerone. (14)Nandrolone. (15) Norethandrolone. (16) Oxandrolone. (17) Oxymesterone. (18) Oxymetholone. (19) Stanolone. (20) Stanozolol. (21) Testosterone. (22) Trenbolone. (23) Any salt, ester or isomer of a drug or substance described or listed in this subdivision, if such salt, ester or isomer promotes muscle growth.
(i) Subdivision (h) of this section shall not include any substance containing anabolic steroids expressly intended for administration through implants to cattle or other nonhuman species and that are approved by the federal food and drug administration solely for such use. Any individual who knowingly and willfully administers to himself or another person, prescribes, dispenses or distributes such substances for other than implantation to cattle or nonhuman species shall be subject to the same penalties as a practitioner who violates the provisions of this section or any other penalties prescribed by law.
(j) Chorionic gonadotrophin. Unless specifically excepted or unless listed in another schedule any material, compound, mixture, or preparation which contains any amount of chorionic gonadotrophin."
Possession of a controlled substance can be prosecuted as a misdemeanor criminal offense under Section 220.03 of the New York State Penal Law. A class "A" misdemeanor, Criminal Possession of a Controlled Substance in the Seventh Degree is punishable by up to one year in jail, although few first-time offenders are sentenced to jail time.
Under Section 220.31 of the New York State Penal Law, sale of anabolic steroids is a class "D" felony in New York, regardless of the quantity sold. In New York, "sell" is defined to include simply giving away as well as the act of offering or agreeing to sell. Sale of steroids is punishable by up to seven years in prison. Even gainfully employed, first-time offenders in many parts of New York State can serve some jail time, be placed on five years of supervision by the local probation department, and suffer the lifelong stigma of a felony drug sale conviction.
