BY RICK COLLINS, J.D.* CRIMINAL DEFENSE LAWYER AND AUTHOR OF Legal Muscle
Copyright � 1999-2003 by Rick Collins. All rights reserved.
As adult men age, their bodies gradually produce less testosterone - the male
sex hormone that is both anabolic (i.e., builds muscle) and androgenic (i.e.,
promotes male characteristics). Many men approaching middle age - and sometimes
earlier - begin to experience the negative effects of this natural decline.
Doctors practicing in the developing area called "anti-aging
medicine" have found that replacing the body's own testosterone with
testosterone or other chemically similar androgens from an outside source can
enhance muscular size and strength, and can help improve virility and vitality
in aging men. These replacement hormones, however, are prescription medications
- i.e., they are unlawful to purchase or possess without a valid prescription
from a physician. Further, most androgens - which include the synthetic
variations defined as "anabolic steroids" - have been classified as
controlled substances, invoking the imposition of criminal penalties for those
who buy them on the black market and are caught possessing them without a
prescription. This article explores some of the legalities involved in the
illegal purchase and possession of replacement androgens. For those seeking a
basic understanding of androgens and an evaluation of their health risks when
used without medical advice, please refer to the applicable sections of my
website at
www.steroidlaw.com.
For those seeking more information about my law firm and its services, please
visit us at
www.cmgesq.com.
A Brief Overview of Physician-Prescribed Androgen Replacement Therapy
While androgens cannot be lawfully prescribed to healthy men solely for
bodybuilding purposes, it is increasingly common for physicians practicing in
the developing area called "anti-aging medicine" to prescribe
androgens and growth hormone in order to counter age-related declines in
natural hormone levels. Declining blood testosterone levels can result in
diminished libido (sex drive) and decreased sexual functioning, as well as loss
of muscle size and strength. Androgen replacement therapy works by
administering exogenous hormones to raise blood androgen levels back up to
optimal levels. There are several choices for administering the hormones
including intramuscular injections, oral tablets, transdermal creams and gels,
and skin patches. Not all men are suitable candidates for androgen replacement
therapy, and proper medical screening and diagnosis, including blood testing
and symptom and medical history review, is absolutely essential. Legislation of
Anabolic Steroids as Controlled Substances
Most androgens used for anti-aging replacement are the synthetic variations of
testosterone known as anabolic steroids. Anabolic steroids were at one time
prescription medications but were not designated as controlled substances. But
in the late 1980s, media reports about the growing use of anabolic steroids in
sports, particularly at the Olympic and high school levels, caught the
attention of the U.S. Congress. Congressional hearings were held to determine
whether the Controlled Substances Act should be amended to specifically include
anabolic steroids along with the more serious drugs like cocaine and heroin. It
is highly significant that the majority of witnesses who testified, including
medical professionals and representatives of regulatory agencies (including the
FDA, the Drug Enforcement Administration [DEA], the National Institute on Drug
Abuse, and even the American Medical Association) recommended against the
proposition. Nevertheless, the Anabolic Steroids Control Act of 1990 was signed
into law by President Bush. The Act applies in every federal court across the
nation, placing steroids in the same legal category as barbiturates, ketamine,
LSD precursors, and narcotic painkillers like Vicodin. It renders simple
possession of anabolic steroids without a prescription a federal offense. At
the individual state level, each jurisdiction is authorized to enact its own
laws pertaining to anabolic steroids, and many have imposed strict controls
over steroids similar to the federal law.
The Risks of Obtaining Anabolic Steroids without a Prescription
Some men seeking the reported anti-aging benefits of androgen replacement
therapy are attempting to obtain these medicines without a prescription. In
certain cases, these individuals have already been rejected as candidates by
anti-aging physicians. In other cases, there are no efforts at all to obtain
the medications legitimately. But for whatever reasons, these individuals are
turning to the $400 million a year anabolic steroid black market as a source.
The medical risks associated with purchasing anabolic steroids via the black
market - for example, it's been estimated by some that up to 90% of black
market anabolic steroids are contaminated or contain other foreign substances
-- have been long recognized (see
www.steroidlaw.com for further details). But given the
current federal and state laws, the legal risks are just as significant. Buying
androgens on the black market in the "traditional" fashion from the
local gym dealer is risky business indeed, and not just for health risk
reasons. There are countless ways by which one can get caught in possession of
these controlled substances. If the steroids are purchased locally and then
driven back by car to the buyer's home, any contact with law enforcement
authorities while en route can yield unfortunate results for the buyer. A
traffic law violation or an auto accident can lead to a vehicle search by the
police. While the odds may favor an uneventful trip home, ironic twists of fate
have prompted many to lament, "If it weren't for bad luck, I'd have no
luck at all." A lesson in how an arrest can arise out of unrelated
circumstances appeared in very recent headlines. A former professional
bodybuilder was charged with possessing anabolic steroids with the intent to
distribute them. The steroids were alleged to have been found inside his home.
According to prosecution officials, the man was a suspect in illegal credit
card activities completely unrelated to anabolic steroids. It was during a
search of his trash container for proof of these credit card crimes that
alleged evidence of steroid usage was accidentally uncovered, ultimately
leading to his arrest. (Secondary lesson: never put anything in the trash that
you wouldn't want the Government to find.) Buying steroids over the Internet
black market from one of the many illegal overseas sources is the
fastest-growing way people are getting busted for steroids. Importing
controlled substances is a federal crime. The U.S. Customs Mail Division, which
oversees international packages, is authorized to open and inspect suspicious
parcels. Packages can arouse suspicion based upon factors such as look, feel,
origin or destination. The Government maintains a computerized data system
including addresses known to be connected with steroids based upon prior
shipment seizures, and it will intercept parcels bearing these origin or
destination addresses. If the federal authorities discover a package containing
steroids, they will hold or "seize" the package. They can then either
send a "seizure letter" or attempt a "controlled delivery."
The seizure letter offers the designated recipient the chance to challenge the
seizure (and potentially invite an arrest). Even if the designated recipient
doesn't respond, the addresses of origin and destination and designated
recipient's name will be recorded for future reference. The controlled delivery
option involves the attempted delivery of the parcel by an undercover federal
agent posing as a courier or letter carrier, accompanied by a hidden back-up
team. If the package is accepted, the team will move in to arrest the
recipient, question him, search his home and car, etc. The Government has
become quite interested in the explosion of illegal pharmaceutical sources on
the Internet. The DEA has assigned numerous employees to research the problem
and design comprehensive enforcement policies and protocols. However, effective
actions against illegal suppliers are hampered by a variety of factors, one of
which is that these suppliers, who often operate through discussion boards,
anonymous email addresses and evaporating websites, are very hard to locate and
identify. Further, the practical and jurisdictional problems in trying to
investigate and prosecute overseas entities can be nearly impossible to
overcome. Consequently, the Government is exploring alternative methods of
combating the situation. One approach is to discourage demand, rather than
supply, by targeting the consumer instead of the supplier. For example, my firm
recently represented a woman (with no previous criminal record) who ordered the
controlled substance Valium from what appeared to be one of these foreign
websites. While she had no prescription, she in fact did have a legitimate
medical need for the medication, and an American doctor had previously
prescribed it for her. When she accepted the delivery of the package, she was
arrested and charged in state court with criminal possession of a controlled
substance. The website was actually a reverse sting operation orchestrated by
the Government, which arranged the controlled delivery of the parcel. It is
unlikely that this woman will be the last victim of these Government tactics.
The Consequences of Getting Caught with Anabolic Steroids without a
Prescription
Anyone caught with anabolic steroids in the absence of a physician's
prescription authorizing possession is subject to arrest and prosecution under
state and federal criminal laws. Of course, a criminal defendant is innocent
until proven guilty, and every arrest does not result in a conviction. But just
the mere experience of being arrested - the indignity of being handcuffed,
fingerprinted, and arraigned before a criminal court judge in open court - is
exceedingly unpleasant and embarrassing, especially in a small town or in a
publicized case. And if the arrest results in a criminal conviction, the
likelihood of jail time or supervised probation depends upon the background of
the accused, the forum in which the case is brought, the quantity of steroids
involved, and numerous other factors. If the prosecution is brought in any U.S.
Federal court, a first-time offender convicted of simple possession of anabolic
steroids is subject to up to one year in prison and/or a minimum fine of
$1,000. Second offenders must get imprisonment of at least 15 days and up to
two years, and a minimum fine of $2,500. (Penalties for trafficking or
possessing with the intent to distribute are more severe.) In the individual
state courts, penalties vary. Currently in New York, for example, simple
possession of an anabolic steroid is subject to prosecution as a misdemeanor
criminal offense and is punishable by up to one year in jail. Further, jail
time is not the only potential adverse consequence of possessing steroids
without a prescription. The effect of a drug conviction (such as possession of
steroids) may prevent or interfere with future employment opportunities in many
fields, including but not limited to law enforcement. Other effects can include
mandatory driver's license suspension (a personal nightmare for those who live
in rural and suburban areas) and ineligibility to own or possess a firearm in
many states. Members of certain professions requiring licensing (architects,
auctioneers, barbers, cosmetologists, dentists, lawyers, licensed counselors,
nurses, pharmacists, physicians, public accountants, and teachers, just to name
a few) can expect a conviction to be reported to their state licensing
authority, placing their current job or career in jeopardy. Lastly, for those
who are not American citizens, the immigration problems and the possibility of
deportation can arise.
Conclusion
American men interested in the reported benefits of androgen replacement
therapy must be aware of the serious legal risks of obtaining these medications
through black market sources. These medicines are classified as controlled
substances, and possessing them in the absence of a physician's prescription
can have dire legal consequences. For the many men who are legitimate
candidates for this therapy, consultation with a qualified physician and the
dispensation of a valid prescription are absolutely essential.
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