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Federal LAWS for aas

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  • Federal LAWS for aas

    FEDERAL LAWSThe Anabolic Steroids Control Act of 1990 is the principal mode of federal law relating to anabolic steroids. Pursuant to the statute, as well as extant federal criminal laws, several anabolic steroids are now classified as Schedule III controlled substances, and (among other things) their possession and distribution may are criminalized. See Title 21 of the United States Code, section 802(41)(A), 841(a)(1), 333(e).Also, you may wish to look at the following articles, all of which are prescriptive but which set forth, in varying degrees of usefulness, the current law:¥ Jeffrey A. Black, "The Anabolic Steroids Control Act of 1990: A Need for Change," 97 Dickinson Law Review 131 (1992). ¥ John Burge, "Legalize and Regulate: A Prescription for Reforming Anabolic Steroid Legislation," 15 Loyola of L.A. Entertainment Law Journal 33 (1994). ¥ George Fan, "Anabolic Steroid and Human Growth Hormone Abuse: Creating an Effective and Equitable Ergogenic Drug Policy," 1994 Univ. of Chicago Legal Forum 439 (1994). In 1990, Congress passed the Anabolic Steroids Control Act (Public Law No. 101-647, 104 Statutes-at-Large 4851), which in turn amended the Food, Drug, and Cosmetic Act, found at Title 21 of the United States Code (21 U.S.C.).¥ 21 U.S.C. section 812(c) places "anabolic steroids" within the classification of Schedule III
    controlled substances.¥ 21 U.S.C. section 802(41)(A)-(B) sets forth the definition of "anabolic steroids." That section provides:(41)(A) The term "anabolic steroid" means any drug or hormonal substance, chemically and pharmacologically related to testosterone (other than estrogens, progestins, and corticosteroids) that promotes muscle growth, and includes --(i) boldenone, (xv) methenolone, (ii) chlorotestosterone, (xvi) methyltestosterone, (iii) clostebol, (xvii) mibolerone, (iv) dehydrochlormethyltestosterone, (xviii) nandrolone, (v) dihydrotestosterone, (xix) norethandrolone, (vi) drostanolone, (xx) oxandrolone, (vii) ethylestrenol, (xxi) oxymesterone, (viii) fluoxymesterone, (xxii) oxymetholone, (ix) formebulone, (xxiii) stanolone, (x) mesterolone, (xxiv) stanozolol, (xi) methandienone, (xxv) testolactone, (xii) methandranone, (xxvi) testosterone, (xiii) methandriol, (xxvii) trenbolone, and (xiv) methandrostenolone, (xxviii) any salt, ester, or isomer of a drug or substance described or listed in this paragraph, if that salt, ester, or isomer promotes muscle growth. (41)(B)(i) Except as provided in clause (ii), such term does not include an anabolic steroid which is expressly intended for administration through implants to cattle or other non-human species and which has been approved by the Secretary of Health and Human Services for such administration.(ii) If any person prescribes, dispenses, or distributes such steroid for human use, such person shall be considered to have prescribed, dispensed, or distributed an anabolic steroid within the meaning of subparagraph (A).21 U.S.C. section 841(a)(1) sets forth the actual prohibition. That section provides:(a) Unlawful acts
    Except as authorized by this subchapter, it shall be unlawful for any person knowingly or intentionally --¥ (1) to manufacture, distribute, or dispense, or possess with intent to manufacture, distribute, or dispense, a controlled substance;¥ (2) to create, distribute, or dispense, or possess with intent to distribute or dispense, a counterfeit substance.21 U.S.C. section 846 also prohibits attempt and conspiracy. That section provides:¥ Any person who attempts or conspires to commit any offense defined in this subchapter shall be subject to the same penalties as those prescribed for the offense, the commission of which was the object of the attempt or conspiracy.21 U.S.C. section 841(b)(1)(D) sets forth (in part) the punishment. That section provides:(D) . . . In the case of any controlled substance in schedule III, such person shall, except as provided in paragraphs (4) and (5) of this subsection, be sentenced to a term of imprisonment of not more than 5 years, a fine not to exceed the greater of that authorized in accordance with the provisions of Title 18, or $250,000 if the defendant is an individual or $1,000,000 if the defendant is other than an individual, or both. If any person commits such a violation after a prior conviction for a felony drug offense has become final, such person shall be sentenced to a term of imprisonment of not more than 10 years, a fine not to exceed the greater of twice that authorized in accordance with the provisions of Title 18, or $500,000 if the defendant is an individual or $2,000,000 if the defendant is other than an individual, or both. Any sentence imposing a term of imprisonment under this paragraph shall, in the absence of such a prior conviction, impose a term of supervised release of at least 2 years in addition to such term of imprisonment and shall, if there was such a prior conviction, impose a term of supervised release of at least 4 years in addition to such term of imprisonment.Note also that the distribution of human growth hormones is prohibited as well under 21 U.S.C. section 333(e). That section provides:(e) Prohibited distribution of human growth hormones1. Except as provided in paragraph (2), whoever knowingly distributes, or possesses with intent to distribute, human growth hormone for any use in humans other than the treatment of a disease or other recognized medical condition, where such use has been authorized by the Secretary of Health and Human Services under section 355 of this title and pursuant to the order of a physician, is guilty of an offense punishable by not more than 5 years in prison, such fines as are authorized by Title 18, or both.2. Whoever commits any offense set forth in paragraph (1) and such offense involves an individual under 18 years of age is punishable by not more than 10 years imprisonment, such fines as are authorized by Title 18, or both.3. Any conviction for a violation of paragraphs (1) and (2) of this subsection shall be considered a felony violation of the Controlled Substances Act [21 U.S.C. sections 801 et seq.] for the purposes of forfeiture under section 413 of such Act [21 U.S.C. section 853].4. As used in this subsection the term "human growth hormone" means somatrem, somatropin, or an analogue of either of them.5. The Drug Enforcement Administration is authorized to investigate offenses punishable by this subsection.Finally, note that if you're in the military, you are generally subject to military law, which has an independent prohibition on anabolic steroids that incorporate various provisions of the U.S. Code.
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