Performance-Enhancing Drugs Lawyers

Drug crimes usually refer to possessing, manufacturing, distributing, or using an illegal substance, such as cocaine or heroin. People can also commit drug crimes by using drugs and hormones to boost their athletic performance.

What Are Performance-Enhancing Drugs?

A performance-enhancing drug is a substance that increases an individual’s physical stamina and ability. The drugs can be taken orally or injected.

Are There Different Types of Performance-Enhancing Drugs?

Yes. Athletes use anabolic steroids to increase muscle strength and mass. Testosterone is an anabolic steroid. Among the other drugs in this category are:

• Androstenedione: This drug, also called “andro,” is naturally produced by the testes, ovaries, and adrenal glands. The body converts it into estradiol and testosterone when it is produced. For those who need help producing testosterone and estradiol, the drug is available by prescription. Drugs can help athletes train harder and recover faster from training.
• Human growth hormone: Athletes may take the hormone to improve performance and muscle mass.
• Erythropoietin: The drug treats anemia in individuals with severe kidney disease. Athletes may use the drug to improve their performance.

Both anabolic and androgenic drugs are considered steroids.

Are Steroids Illegal?

Yes. Anabolic steroids are usually sold illegally. According to the Anabolic Steroids Control Act of 1990, steroids are defined as a Schedule III drug.

What Makes Nutritional Supplements Illegal?

In 2004, the FDA cracked down on the manufacture, sale, and distribution of the well-known nutritional supplements Andro and Ephedra. A year later, Congress passed the Anabolic Steroid Control Act. By amending the Controlled Substances Act, designer steroids and steroid precursors are now illegal to trade or use.

These drugs, including Andro and THG, are now considered Schedule III drugs, the same as actual anabolic steroids.

What’s at Stake When it Comes to Performance-Enhancing Drugs?

Athletes have used performance-enhancing drugs (PEDs) for decades, even centuries. In 1967, the International Olympic Committee (IOC) banned PEDs, created a new Medical Commission, and established a list of banned substances to promote fair play. To promote fair play and protect athletes’ health and safety, drug-testing programs were implemented worldwide in the following years.

Founded in 1999, the World Anti-Doping Agency (WADA) promotes and coordinates international efforts to combat doping in sports. A project of the International Olympic Committee, WADA, was founded with the support and participation of intergovernmental organizations, governments, public authorities, and other public and private organizations fighting doping in sports.

How Does a Substance Get Banned?

The World Anti-Doping Agency is regarded as the international standard for identifying prohibited substances and methods. The Prohibited List of banned substances is updated each year by WADA.

For substances to be included on the Prohibited List, they must meet at least two of the following criteria:

1. It is possible or proven that a substance enhances sports performance.
2. There is evidence that athletes are at risk of health issues.
3. Per the World Anti-Doping Code, use violates the “spirit of sport.”

The banned substance list includes anabolic-androgenic steroids, peptide hormones, growth factors, erythropoiesis stimulators, hormone modulators, stimulants, diuretics, masking agents, and others.

Sports organizations create their own lists based on substances that might harm athletes or provide unfair advantages despite WADA setting the international standard. International, national, professional, amateur, and student sports organizations update their banned substance lists every year.

The use of banned substances can result in sanctions such as disqualification from participation in athletic competition, reputational damage, loss of prizes and medals, and health risks.

Banned Substances and Dietary Supplements

About 40% to 70% of athletes use dietary supplements, and 10% to 15% contain prohibited substances. Although dietary supplement manufacturers strive to produce quality products, unethical individuals and companies continue to manufacture and distribute intentionally adulterated or misbranded products. The most commonly adulterated dietary supplements promote weight loss, sexual enhancement, and sports performance.

In the United States, 51% of class I drug recalls have been for dietary supplements rather than pharmaceuticals, and reports indicate that dietary supplements may contain contaminants.

Athletes’ dietary supplements can become contaminated due to pharmaceutical adulteration, which occurs when an active pharmaceutical is not listed on the label. Drugs that were previously approved by the US Food and Drug Administration (FDA) and then withdrawn, drugs that were used in other countries and never FDA-approved experimental drugs that had minimal or no human testing, veterinary drugs, and other novel drugs, can be considered pharmaceutical adulterants.

In addition to avoiding regulations, some compounds are added to dietary supplements without being assessed for efficacy, safety, or toxicity.

The former chair of the National Collegiate Athletic Association’s drug-testing committee said most students who test positive for drugs do so because of over-the-counter dietary supplements containing steroids. When browsing shelves and aisles in stores and online, how can consumers and athletes determine which products contain banned substances or their markers?

What Should Athletes Consider?

Consumers and athletes should consider the following factors before purchasing and consuming dietary supplements:

1. Learn about applicable banned substance lists: Athletes should be aware of many ingredients in dietary supplements that appear on banned substance lists.
2. The use of any product by athletes is at their own risk due to strict liability: It is common for sports organizations to hold athletes to strict liability, which means they are solely responsible if metabolites or markers of banned substances are detected in their biofluids, regardless of whether they intentionally or inadvertently ingested the substance.
3. It is important to understand that supplement regulations differ from those governing food and drugs: Consumers, including athletes, assume that dietary supplements follow the same (or similar) regulations as over-the-counter or prescription medications. In contrast to medications sold to consumers, dietary supplements are not subject to the same evidence standards. Until the FDA proves otherwise, drugs are considered unsafe. Instead of following the approval process for dietary supplements, they are considered safe until contrary evidence is presented.

What Penalties Will I Face If Convicted of Having Performance-Enhancing Drugs?

Penalties vary based on the crime. A simple possession conviction with no prior convictions can result in a year in federal prison and a fine of up to $1,000. Possession of these drugs with the intent to sell is punishable by five years in prison and a fine. Professional or student-athletes who are convicted of possessing performance-enhancing drugs may also face professional repercussions.

If I Use or Sell Steroids, What Federal Penalties Will I Face?

The Anabolic Steroids Control Act of 1990 defines steroids as a Schedule III drug and imposes federal penalties for both the illicit possession and sale of steroids. Possession and sale of steroids are subject to the following federal penalties:

• Simple possession of steroids with no prior offenses
  • Up to a year in federal prison; or
  • Minimum fine of $1,000.
• Simple possession of steroids with certain prior convictions
  • Minimum 15 days in prison, and up to two years in prison; or
  • Minimum fine of $2,000.
• Possession with intent to sell
  • Up to five years in prison; or
  • Minimum fine of $5,000.

If I Use or Sell Steroids, What State Penalties Will I Face?

Every state has the right to enact laws that regulate drugs it deems dangerous. Steroids are classified as Schedule III drugs by most states, and hence state penalties are generally the same as those for Schedule III drugs:

• Simple possession can be defined as either a misdemeanor or felony, and one may face jail time of up to 2 years if in a state where steroid possession is deemed a felony. A fine will usually be assessed in states that list steroids as misdemeanors.
• The sale of steroids is a felony in every state, and in some states, the penalty for the sale of steroids can be up to 7 years in prison.

Do I Need to Talk to a Lawyer?

Discussing a performance-enhancing drug charge with a drug lawyer is in your best interest. A lawyer can advise you on how to fight a performance-enhancing drug charge and represent you in criminal court.