Federal Anabolic Steroid Distribution Charges.

Under federal law, anabolic steroids are classified as Schedule III controlled substances. The Anabolic Steroids Control Act of 1990 added anabolic steroids to the nation’s federal controlled substance laws; however, this doesn’t mean that they are completely prohibited. In fact, many anabolic steroids have recognized legitimate medical uses. Generally, if an individual has a valid medical prescription for a prescribed anabolic steroid, the individual’s possession of that steroid is considered lawful and noncriminal, provided that the individual is not suspected of illegal distribution or use of another person’s prescription.

U.S.C. § 841 is the statute that federal prosecutors use to bring charges for manufacturing, distributing, dispensing, or possessing with intent to distribute controlled substances. This means that the federal government can bring charges in a steroid distribution case even if it does not have evidence of an actual drug sale involving a transfer of funds. In federal drug cases, especially those cases where the drug’s quantity is not extremely high (as in the case of steroids), the government will rely on circumstantial evidence of an individual’s intent to distribute. This evidence can take many forms, such as:

• WhatsApp messages, emails, and other SNS postings;
• Medical records;
• Financial records, such as bank statements and wire transfer records; and,
• Witness statements.

Furthermore, criminal culpability under the federal anabolic steroid laws includes conspiracy to distribute. Federal conspiracy charges can carry the same penalties as charges for the actual criminal offense. Thus, it does not matter if the government can prove that an individual actually distributed or attempted to distribute steroids, or if the individual even comes into possession of the steroids in question. Proof that an individual conspired with someone else to facilitate the distribution of steroids is sufficient to trigger criminal liability.

What Must Prosecutors Prove Under Section 841 When Intent Is Disputed?

Section 841 also reaches the charge of possession with intent to manufacture, distribute, or dispense. While simple possession of anabolic steroids may not lead to criminal liability in most cases, it can trigger liability under Section 841 when the defendant intends to engage in any of the other activities covered under this statute. It is important to note that, unlike cases involving illegal drugs, mere possession of an anabolic steroid is not proof of intent to distribute the substance.

More generally, under 21 U.S.C. § 841(a)(1), prosecutors must prove the following elements beyond a reasonable doubt:

• The defendant distributed, dispensed, manufactured, administered, exported to, implanted in, or imported into the United States, or possessed with the intent to distribute, dispense, manufacture, administer, export to, implant in, or import into the United States,
• A controlled substance,
• Knowingly or intentionally, and
• Without authority.

The “Knowingly or Intentionally” Element

The “knowingly or intentionally” element means that the government must be able to establish that the defendant either acted with knowledge that what he did was prohibited or acted with the intent to commit the prohibited act. Because the unlawful distribution of steroids often involves clandestine conduct, the government frequently relies on circumstantial evidence in order to establish a defendant’s knowledge or intent.

The “Without Authority” Element

To establish that the distribution in question was “without authority,” the government must prove that the defendant acted in violation of the federal law’s authorization provisions. With respect to anabolic steroids, the drug can be distributed legally if done by authorized personnel (such as physicians) and under a valid medical prescription. Thus, while distribution for medical purposes is authorized, all other distribution of anabolic steroids is unauthorized and constitutes a violation of Section 841.

Distribution vs. Possession with Intent to Distribute

In steroid distribution cases under Section 841, the theories of distribution and possession-with-intent are treated as distinct. To secure a conviction for distribution, prosecutors must show that the defendant actually distributed the substance to another individual. To secure a conviction for possession-with-intent, however, the government only needs to prove the defendant had possession of the substance and intended to distribute it to another individual.

When Do Steroid Shipments, Imports, or Investigations Become Federal Cases?

Steroid distribution investigations are often deemed federal matters when they involve interstate transportation or international importation. These aspects trigger federal jurisdiction and often lead to the involvement of federal law enforcement authorities such as the DEA or Customs and Border Protection.

Federal steroid distribution investigations can also be exceptionally broad in scope, often targeting numerous individuals across multiple jurisdictions and involving multiple governmental authorities. Investigations may be spearheaded by the DEA or other federal agencies or may begin at the local level, involving the FBI, FDA, U.S. Postal Service, or state and local law enforcement.

When federal authorities are involved in anabolic steroid cases, the scope of the investigation can be exceedingly broad. An investigation into a suspected steroid dealer may involve executing search warrants and seizing devices and records from multiple targets, and the investigation may eventually lead to additional targets. Additionally, anabolic steroid cases present unique complications; for instance, individuals who import raw powder or other component chemicals in order to produce steroids for sale can face additional criminal charges.

Finally, although federal involvement is not automatic, any action that triggers federal jurisdiction can be used to justify federal involvement. If someone possesses steroids that they manufactured locally, and if they have never shipped steroids out of state or imported steroids from abroad, it may be difficult for federal prosecutors to justify their involvement. However, if a defendant has engaged in interstate transportation or international importation, this can often be enough to warrant federal involvement in an anabolic steroid case.

At Spodek Law Group the strategy on a case starts the same day the client calls.

Which penalties apply to a first Schedule III steroid distribution conviction?

For a first offense, the penalty for distributing or possessing with intent to distribute Schedule III anabolic steroids ranges from:

• No time to 10 years imprisonment;
• No fine to $500,000 for individuals, or up to $2.5 million for business entities; and,
• At least two years of supervised release must be imposed in addition to any term of imprisonment.

Additional Factors that can Increase a First-Offense Sentence

Again, the maximum potential penalty for a first offense increases if additional factors apply. For example, under 21 U.S.C. § 841(b)(1)(E)(ii), a prior conviction for a felony drug offense can increase the statutory maximum imprisonment to 20 years. If the defendant has a previous record and the steroids that the defendant distributed caused death or “serious bodily injury,” this can also raise the maximum imprisonment. If death or serious bodily injury results from the use of the substance, the maximum imprisonment can be up to 15 years, even without a prior felony drug conviction. These examples are not exhaustive, but they illustrate how specific facts and the defendant’s criminal record can lead to criminal liability under the federal anabolic steroid laws.

How Does Drug Quantity Affect Federal Steroid Sentences?

As previously discussed, drug quantity is a key concern in many federal drug cases, as the government generally prioritizes the prosecution of individuals who engage in large-scale drug distribution. While the drug’s quantity can play a role in these cases, it is not a statutory element that must be proven to obtain a conviction. However, because the drug’s quantity is generally tied to the penalties that are available for drug crimes, quantity also serves as an important factor for prosecutors and defendants at trial and at sentencing. Notably, the penalty provision in the controlled substances statute for Schedule III drugs does not include a drug-quantity threshold. As a result, unlike many other federal drug crimes, an individual’s exposure to incarceration in a steroid distribution case does not depend on the amount of drug involved.

How Does HGH Differ from Anabolic-Steroid Distribution Under Federal Law?

HGH is a protein hormone that occurs naturally in the human body, and it is distinct from anabolic steroids, which are synthetic. While anabolic steroid distribution is primarily treated as a controlled substance offense under the Controlled Substances Act (or CSA), HGH is governed by a separate federal provision that prohibits the unauthorized distribution of human growth hormone for uses other than the treatment of a disease or other recognized medical condition.

Under 21 U.S.C. § 333(e), violations concerning the distribution of HGH can carry penalties of up to five years in prison, though there are exceptions. The law prohibits distributing a drug approved for use in treating a specific disease for uses other than that treatment. While violations involving the distribution of HGH to an individual under 18 years of age can carry up to 10 years in prison, other violations, such as unlawful distribution, can carry five years or less.

Importation is also an HGH offense. For example, import violations can carry a maximum of five years in prison, though the specific penalty can vary based on the specific facts. While the federal authorities treat HGH as a distinct matter from anabolic steroid distribution, many individuals who commit offenses that trigger liability under the anabolic steroid laws commit offenses that trigger liability under the HGH laws as well. In a drug-related criminal case involving anabolic steroids and HGH, prosecutors can charge defendants under both statutes in order to increase their maximum exposure, as violating either statute triggers criminal liability.

Get Advice on Your Situation

If you want someone to look at the specifics of your case, Spodek Law Group handles federal criminal defense nationwide from New York and Los Angeles. The firm has been practicing since 1976 and its motto is simple: we owe loyalty to only you. Call 888 348 8028.