The United States Anti-Doping Agency (USADA) is the agency that is responsible for drug testing for the Olympic Movement in the United States. The USADA was created by the United States Olympic Committee’s Select Task Force on Externalization as a non-profit corporation with an independent Board of Directors.
Operations that the USADA undertakes include:
- Adjudication for performance enhancing drugs;
- Developing a comprehensive anti-doping program;
- Enhancing research efforts;
- Promoting educational programs informing athletes of the rules governing performance enhancing substances;
- Education of the ethics of performance enhancing drugs; and
- Providing education about the harmful effects of performance-enhancing drugs.
To Whom Does the USADA Apply?
The USADA focuses its attention on the following individuals:
- U.S. Olympics athletes;
- Pan Am Games athletes; and
- Paralympics athletes.
How Does the Anti-Doping Policy Work?
The USADA Anti-Doping Review Board will first determine if there is sufficient evidence of doping by an athlete. The USADA will then notify the U.S. Olympic Committee (USOC).
Once there has been 30 days of notification, the USOC affirmatively announces:
- The athlete has tested positive or committed a doping offense; and
- The substance and nature of the offense.
What are Performance-Enhancing Drugs?
Drug crimes typically refer to engaging in the following with an illegal substance, such as cocaine or heroin:
- Possessing;
- Manufacturing;
- Distributing; or
- Using.
An individual may also commit a drug crime by using hormones or drugs to boost their athletic performance.
What Are Performance-Enhancing Drugs?
Performance-enhancing drugs (PEDs) are substances that increase an individual’s physical stamina and ability. These drugs may be taken orally or injected.
Are There Different Types of Performance-Enhancing Drugs?
Yes, there are different types of performance-enhancing drugs. An athlete may use anabolic steroids to increase their muscle strength and mass.
Testosterone is an example of an anabolic steroid. Other drugs in this category include, but may not be limited to:
- Androstenedione: This drug, also referred to as “andro,” is naturally produced by the testes, ovaries, and adrenal glands;
- The human body converts andro into estradiol and testosterone when it is produced;
- For individuals who need help producing testosterone and estradiol, the drug is available by prescription;
- Human growth hormone: Athletes may take the hormone to improve performance and muscle mass; and
- Erythropoietin: The drug is used to treat anemia in individuals with severe kidney disease. Athletes may use the drug to improve their performance.
Both anabolic and androgenic drugs are categorized as steroids.
Are Steroids Illegal?
Yes, anabolic steroids are typically sold illegally. Steroids are classified as a Schedule III drug according to the Anabolic Steroids Control Act of 1990.
What Makes Nutritional Supplements Illegal?
The Food and Drug Administration (FDA) cracked down on the manufacture, sale, and distribution of well-known nutritional supplements Andro and Ephedra in 2004.
One year after that, Congress passed the Anabolic Steroid Control Act. Designer steroids and steroid precursors were made illegal to trade or use by amending the Controlled Substances Act.
These types of drugs, including THG and andro, are now classified as Schedule III drugs. This is the same category as actual anabolic steroids.
What is at Stake When it Comes to Performance-Enhancing Drugs?
Athletes have used PEDs for decades, maybe even centuries. The International Olympic Committee (IOC) banned PEDs in 1967.
In that same year, the IOC created a new Medical Commission and established a list of banned substances to promote fair play. Drug-testing programs were implemented worldwide in the years that followed to promote fair play and protect the health and safety of athletes.
The World Anti-Doping Agency (WADA), a project of the International Olympic Committee, was founded in 1999. It coordinates and promotes international efforts to combat doping in sports.
WADA was founded to fight doping in sports with the support and participation of:
- Intergovernmental organizations;
- Governments;
- Public authorities; and
- Other public and private organizations.
How Does a Substance Get Banned?
WADA is considered the international standard for identifying prohibited substances. WADA updates the Prohibited List of banned substances every year.
For a substance to be included on the Prohibited List, it must meet at least two of the following criteria:
- It is possible or proven that a substance enhances sports performance;
- There is evidence that athletes are at risk of health issues; or
- Per the World Anti-Doping Code, use violates the spirit of sport.
The Prohibited List includes:
- Anabolic-androgenic steroids;
- Peptide hormones;
- Growth factors;
- Erythropoiesis stimulators;
- Hormone modulators;
- Stimulants;
- Diuretics;
- Masking agents; and
- Other substances.
A sport organization can also create its own list based on substances that may harm athletes or provide an unfair advantage. The following sports groups update their banned substances list every year:
- International;
- National;
- Professional;
- Amateur; and
- Student sports organizations.
What about Banned Substances and Dietary Supplements?
Approximately 40% to 70% of athletes use dietary supplements. 10% to 15% of those supplements contain prohibited substances.
The most common examples of adulterated dietary supplements promote:
- Weight loss;
- Sexual enhancement; and
- Sports performance.
51% of class I drug recalls in the United States have resulted from adulterated dietary supplements instead of pharmaceuticals. Certain compounds may be 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 stated that the majority of students who test positive for drugs do so because of over-the-counter dietary supplements containing steroids.
What Should Athletes Consider?
Consumers as well as athletes should consider several factors before purchasing and consuming dietary supplements, including:
- Learning about applicable banned substance lists;
- Athletes should be aware of many ingredients in dietary supplements that appear on banned substance lists;
- 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 strictly liable. This means they are solely responsible if markers or metabolites of a banned substance is detected in their biofluids, regardless of whether they intentionally or inadvertently ingested the substance; and
- 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?
The penalty for having a performance-enhancing drug will vary based on the offense. A conviction for simple possession without any prior convictions can be punished by a year in federal prison and a fine of up to $1,000.
Possession of these substances with the intent to sell is punishable by 5 years in prison and a criminal fine. Professional athletes or student-athletes who are convicted of possessing performance-enhancing drugs may also face professional repercussions, including:
- Disqualification from participation in athletic competition;
- Reputation damage;
- Loss of prizes and medals; and
- Health risks.
The USADA may impose a variety of punishments on offending athletes that range from fines to suspensions to lifetime bans.
Do I Need a Lawyer?
If you are a United States Olympic athlete who has been accused of using performance-enhancing drugs, it is in your best interests to consult with an entertainment lawyer. You may face being banned from the sport forever or having to pay heavy fines.
Your lawyer can defend you and explain exactly what punishments you may be facing. In addition, your lawyer can negotiate on your behalf to obtain a lesser punishment.
