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In late 1994, the Drug Enforcement Administration (DEA), Office of Diversion Control, sponsored a conference on the impact of national steroid control legislation in the United States. The conference took place in Annapolis, Maryland from November 30 through December 1, and was attended by representatives of law enforcement, the Federal Government and the international scientific community. The purpose of the conference was to analyze the impact of the Anabolic Steroid Control Act of 1990 both from law enforcement and scientific standpoints and to examine what has been accomplished as a result of this legislation. This law, which became effective on February 27, 1991, placed more than two dozen anabolic steroids into Schedule III of the Controlled Substances Act (CSA). The conference also sought to evaluate the current situation with regard to steroid abuse and diversion.

Executive Summary

The participants in this conference examined the impact of the Anabolic Steroid Control Act of 1990. Although experts presented evidence of considerable achievement, the data continues to show that abuse of anabolic steroids constitutes a significant threat to the general public health and safety, especially with respect to adolescents and young adults. It was determined that, while there have been notable accomplishments under this legislation, there are several serious obstacles to its effectiveness. One of these obstacles is that the current provisions of the Federal Sentencing Guidelines establish grossly inadequate sentencing standards for steroid traffickers. This provides little deterrence to those interested in profiting from trafficking in steroids. It also has led some Federal prosecutors to the conclusion that the investigation and prosecution of steroid traffickers is not a justifiable expenditure of resources. Another obstacle is that steroids are not controlled in many key countries nor are they controlled under international treaty. This has created a situation in which no matter how successful we are in dealing with domestic diversion of steroids, there is a constant supply of these drugs being smuggled into the United States which are obtained from international sources.

These obstacles can and must be removed if the United States is to make any further progress against the steroid abuse problem.

Gene R. Haislip
Deputy Assistant Administrator
Office of Diversion Control
Drug Enforcement Administration

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Law Enforcement Concerns

Speaking at the conference were three Assistant United States Attorneys (AUSAs) from various areas of the country along with one DEA Group Supervisor and a Senior Investigator. All were in agreement that steroid investigations and prosecutions were unlike those involving other drugs and posed special problems. Chief among these is that the sentencing guidelines, as currently structured, are wholly inadequate. Very often, good cases are developed and successfully prosecuted but the convictions rarely result in any jail time because the guidelines are skewed away from treating anabolic steroids as the dangerous drugs that they are. Thus, there is no deterrent to serious trafficking.

As one AUSA pointed out, there is a kind of "discount" for steroids in the sentencing guidelines. Firstly, 10 milliliters (ml) or 50 tablets of an anabolic steroid equate to a single dosage unit of a Schedule III substance. This calculation of dosage units is not appropriate as no one who is taking anabolic steroids for legitimate purposes takes 10 ml or 50 tablets at once. As a result of this "discount", prosecutors must prove that massive quantities of steroids were involved to obtain even minimal incarceration for a convicted defendant. Secondly, under the drug equivalency tables steroids are not treated like other Schedule III controlled substances. While one gram of any other Schedule III drug equates to one gram of marijuana, two grams of anabolic steroids are needed to equal one gram of marijuana. To be effective, these guidelines must be amended so that steroids are treated as seriously as any other Schedule III drug.

The DEA Group Supervisor and Diversion Investigator had concerns similar to those of the AUSAs. Traffickers have become more sophisticated and organized since anabolic steroids were controlled under the provisions of the CSA. Steroids are available for illicit purposes and the great majority of those encountered by the DEA are from foreign sources. There are several factors which complicate these investigations. First, steroids are not controlled in international commerce and second, the use of regular and special international mail systems allows massive quantities to be smuggled into the United States quickly and cheaply.

The Food and Drug Administration (FDA) representative agreed that steroids and steroid substitutes such as clenbuterol were very easy to acquire illicitly due to lack of international controls. When presented with a violation of the Food, Drug and Cosmetic Act (FDCA) by steroid traffickers, FDA investigators will also look for wire and mail fraud, false claims, money laundering, etc., to bolster their cases and to achieve maximum sentencing.

The Department of Justice representatives agreed that the inadequacy of the sentencing guidelines made it difficult to "bring" steroid cases and that juries are often sympathetic to defendants in cases that are prosecuted. However, since so many young people are becoming involved with steroids, we must look at the bigger picture and not let ourselves become discouraged with light penalties. Steroid prosecutions do have some deterrent effect, especially against low level dealers who may have something to lose from a criminal conviction on their records.

The Royal Canadian Mounted Police (RCMP) representative said that in Canada more and more people are found to be using steroids merely to improve their physical appearance. The RCMP has found that most steroids entering Canada come from Europe and Mexico. The United States is not seen as a significant source of diverted steroids, merely as a transshipment point.

Findings

The diversion of domestic anabolic steroids is not now a significant factor in the overall supply of steroids on the illicit market in the United States. Mexico and the countries of Europe are the usual sources.

Street prices of anabolic steroids have increased substantially since these drugs came under the DEA's jurisdiction.

Steroid investigations are difficult to prosecute due to a variety of factors, but those posing the greatest impediments are the limitations imposed by the sentencing guidelines and the unreasonable conversion factor imposed by the drug equivalency tables for anabolic steroids.

The lack of international controls over foreign sources of supply makes it impossible to attack the illicit traffic at its source.

The public, including steroid abusers, needs to be better educated as to the negative effects of these drugs, especially about the irreversible effects on women.

Widespread use of the mail system and the relatively low prices of anabolic steroids in foreign source countries make steroids attractive to traffickers and easy for them to smuggle into the United States.

U.S. professional and amateur sports organizations are encouraged to get more involved in policing the use of steroids by their athletes and enforcing their own rules regarding permanent banishment when steroid use is detected. Athletes are often looked to as heroes and role models by our youth and so must be held to a higher standard regarding drug use and fairness in sport.

U.S. enforcement agencies must enhance means of sharing information and coordinating their investigations.

In the course of these investigations, field investigators must be alert to the possibility of pursuing other prosecutable federal/state violations, not just of those laws under a particular agency's jurisdiction. For example, DEA could work closely with other law enforcement authorities to identify tax evasion, firearms, money laundering, food and drug labeling, customs, postal and other violations of other statutes to bolster their own trafficking investigations to bring the full force of law to bear on defendants.

Scientific and Related Issues

Domestic Abuse and Trafficking of Anabolic Steroids

Three presenters examined trends in the extent and nature of anabolic steroid abuse and trafficking since they became controlled substances in 1991. Charles Yesalis, Sc.D., focused on abuse by high school students; Paul Goldstein, Ph.D., examined abuse by body builders in the Chicago area; and James Tolliver, Ph.D., discussed the steroids submitted for analysis to DEA laboratories.

The presenters agreed that the Anabolic Steroid Control Act of 1990 has had an impact on the availability and use of anabolic steroids. Studies of self-reported steroid use among students in grades seven through twelve between 1986 and 1993 showed that use ranged from one to six percent. The rates of use were generally higher among boys (1 - 12 percent) than girls (0 - 2.5 percent). Studies in Maryland (1989 and 1992), North Carolina (1989 and 1991) and South Carolina (1989 and 1992) all suggested a decreasing trend in steroid use among high school students, although it was not possible to determine if this trend was statistically significant. Nevertheless, the 1991 National Household Survey on Drug Abuse showed that about one million people had used steroids at some time in their lives and that 300,000 had used them in 1990. Approximately 50 percent of these users were over 26 years of age.

Preliminary results from a study of body builders (a group particularly involved with steroid use) in the Chicago area supports the impact of control on steroid availability. Steroids in general, and some in particular, are more difficult to obtain. Prices have increased, supplies have become unstable and bogus steroids are more common. Some users have switched to alternative non-steroidal preparations such as clenbuterol, amino acids, vitamins, protein powders, and diuretics; many cannot get their steroid of choice. Virtually all current users obtain steroids from the black market compared to 50 percent who claimed to obtain steroids through the medical profession prior to 1991. Individuals who are determined to use anabolic steroids, however, can find ways to obtain them and professional and elite body builders continue to use them.

Exhibits of anabolic steroids encountered in the illicit traffic and submitted to DEA laboratories have decreased from a peak of 719 in 1992 to only 264 during the period January through September 1994. This probably reflects some decreased availability of steroids, but it may also indicate a reluctance on the part of law enforcement officers to pursue these types of cases because of the problems these cases pose to prosecutors. The most frequently identified steroids were testosterone (882 of the 1,977 exhibits from 1990 to October 1, 1994), nandrolone (244 exhibits), methenolone (198 exhibits), methandrostenolone (158 exhibits), stanozolol (115 exhibits) and oxymetholone (103 exhibits). The majority of these steroids were not domestic products but were smuggled into the United States.

Abuse and Trafficking of Anabolic Steroid Alternatives

The next block of presentations examined the use of substances other than anabolic steroids by elite athletes and body builders. Ann Grandjean, Ph.D., and James Wright, Ph.D., explained the types of substances used while Sharon Kurns, Esq., discussed litigating cases involving steroid alternatives.

Although it appears that the majority of elite athletes do not use steroids or other banned drugs, there are those who continue to do so. The fame and financial rewards are too great for some, particularly body builders, to rely solely on natural methods to improve performance and appearance. It is clear that there has been a shift in the pattern of drug use among elite athletes in recent years. This is due in part to increased and improved drug testing and decreased availability of controlled steroids. Athletes have begun to report the use of dihydrotestosterone (the natural active metabolite of testosterone), epitestosterone and dehydroepiandrosterone (DHEA, the natural precursor to testosterone) in order to avoid detection. Human growth hormone (HGH), clenbuterol, gamma-hydroxy butyrate (GHB), insulin growth factor 1 (IGF-1) and antiestrogens (tamoxifen and clomiphene) are also non-controlled substances used to increase muscle growth. Other drugs such as diuretics, fluoxetine (Prozac), and analgesics (nalbuphine and butorphanol) are used as supplementary drugs to eliminate fluids and treat the pain associated with training. There is also an increased interest in nutrients and pseudonutrients, such as creatinine phosphate, chromium picollinate, amino acids and various herbal preparations. The efficacy of these substances is uncertain and most are known to cause adverse effects, particularly when used without medical supervision.

Felony cases involving anabolic steroids can be prosecuted either under the FDCA or the CSA. The FDCA can be used for other types of substances, including human growth hormone and GHB. Drug felonies under FDA law are generally harder to prove (usually due to a required finding of intent to defraud or mislead the Government or the consumer) but successful prosecutions tend to yield higher penalties. There have been a number of successful prosecutions for the distribution of counterfeit steroids and GHB with significant sentences. Felony drug cases involving steroids under the CSA are generally easier to prosecute, but because of the sentencing guidelines, convictions result in relatively light penalties. Increased cooperation among law enforcement agencies in investigating these cases and sharing information would help the prosecution of steroids and other anabolic agents under either law. It was noted that there is no administrative provision to add anabolic agents (other than anabolic steroids) to the schedules of controlled substances under the CSA. Thus, drugs such as HGH or clenbuterol cannot presently be controlled under the CSA.

International Aspects of Anabolic Steroid Abuse and Control

Since most anabolic steroids are smuggled into the United States, their control under the CSA is not enough to eliminate their domestic availability. Pirkko Korkia, Ph.D., described the abuse of anabolic steroids in Great Britain and Mr. Frank Sapienza discussed the possibility of control under the international drug conventions.

Although the control of anabolic steroids is under consideration in Great Britain, currently they are not controlled as abusable substances. Consequently, anabolic steroids are available and abused in many areas of Great Britain. Up to 46 percent of the body builders in some gyms are steroids users. The pattern of abuse is very similar to that in the United States, with users taking amounts in excess of therapeutic doses, cycling, stacking, and polydrug use. Of particular concern is the number of users who inject anabolic steroids, thus increasing the risk of the transmission of HIV and other infectious diseases.

The control of anabolic steroids at the international level is limited to the regulation of their use by international sports bodies. Anabolic steroids are not covered by the international drug control treaties which regulate the production, distribution and importation / exportation of these substances.

Findings

Anabolic steroid use among the general population of the United States has decreased since anabolic steroids were placed into Schedule III of the CSA.

Although the majority of athletes are drug free, certain groups of athletes and body builders continue to find ways to obtain and use anabolic steroids.

Anabolic steroids are more difficult to obtain, cost more, are of lower purity and quality and are primarily obtained on the black market since their control under the CSA.

Most anabolic steroids found in the United States illicit market are smuggled from other countries; there is little diversion of domestically produced anabolic steroids.

Testosterone, primarily of foreign origin, is the anabolic steroid most frequently identified in the illicit market.

Some anabolic steroid users have switched to alternative non-controlled drugs such as clenbuterol and human growth hormone.

Athletes and body builders also use a number of other substances including diuretics, analgesics (butorphanol and nalbuphine), hypnotics (GHB and triazolam), and nutritional supplements.

The FDCA provides a mechanism for the prosecution of felony drug offenses involving steroid alternatives. Successful prosecution of GHB cases with significant penalties is particularly noteworthy.

There is no control mechanism under the CSA to add anabolic agents, other than steroids, to the list of controlled substances.

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quote:

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Originally posted by el cubano:
At least now we know that they didn't know as much as we thought, at least in 1995 that is.

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WB

They assume people think about getting caught (or the amount of time they would possibly spend in jail) before they buy steroids.

80%+ of Criminals that are caught do not think about the consequences.

That means that their stricter laws will do NOTHING about steroid use or trafficking.