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Information for Attorneys
Collins, McDonald & Gann believes that better education about anabolic steroids throughout the criminal justice community will enhance the fair administration of justice for all concerned.
"Muscle drug" cases are different. They shouldn't be approached like recreational drug cases; they're not "business as usual." Given the endless misinformation reported in the mainstream press and the relative historical infrequency of anabolic steroid arrests and prosecutions, those in the criminal justice system have been largely "in the dark." In working on steroid cases throughout the United States, we have found that few if any state or local police, federal agents, prosecutors or judges have much knowledge about the substances themselves, and few are truly knowledgeable about the laws they are enforcing. When defense counsel is similarly undereducated, the end result can be disaster for the client.
One of the most common problem areas involves how much quantity evinces an intent to distribute. This problem arises because of the extensive experience the criminal justice system players have with cocaine and heroin cases. It is readily accepted in many jurisdictions that somewhere around ten to 15 glassines of heroin or cocaine possessed by a person in a high drug area are indicative of intent to distribute. While anabolic steroids are classified as controlled substances, they are quite dissimilar to such hard drugs, which are typically purchased and possessed in amounts to be consumed in one sitting. Those using anabolic steroids will almost always purchase and possess enormously larger amounts in order to complete a whole cycle of use. Even a thousand tablets or dozens of vials can be totally consistent with personal use. Both the medical and bodybuilding literature can be of great support to this argument. Even the United States Sentencing Guidelines recognize that anabolic steroids are personally possessed and used in vastly larger amounts than hard drugs. Yet Customs agents and Postal Inspectors who have intercepted lesser amounts have frequently treated the suspect like a drug kingpin!
Another issue related to quantity arises when non-controlled substances are inadvertently "tossed into the mix." Many bodybuilders utilize a variety of ancillary medications - anastrozole (Arimidex), clomiphene citrate, tamoxifen, clenbuterol, etc. -- to enhance beneficial effects or to control adverse ones. When a wide variety of substances are recovered in a search, all manner of confusion by law enforcement can ensue. Such confusion is not hard to understand when often the lawmakers themselves are thoroughly confused. For example, Delaware law [16 Del. C. Section 4701(18)] defines "human growth hormone" as "synonymous with the term "human chorionic gonadotropin." Other than sharing the word "human," these two hormones have nothing in common. The Delaware statute effectively defines "apples" as "oranges." It's anybody's guess as to what is intended.
The depth of confusion and misinformation by those in the legal community can present an impediment to the proper resolution of these matters. A prosecutor or judge whose knowledge of anabolic steroids is based on what has been read in the lay press may not offer an appropriate plea and sentence. Counsel can refute aggressive prosecutors who spout the "evils" of steroid use by referencing the medical literature itself, including the landmark 1996 study (printed in the New England Journal of Medicine) that found virtually no adverse effects when anabolic steroids were administered at a dosage of 600 mgs per week for ten weeks. Recent scholarly reviews of the literature have also concluded that the health risks have been overstated. There are various other recurring issues in steroid cases, all covered in the new book, LEGAL MUSCLE (see below).
Should you ever have any questions or comments concerning the content of this site, or concerning any issues of New York or federal criminal defense, please feel free to call upon us. Collins, McDonald and Gann, P.C. is a criminal defense firm with partners admitted to practice in the New York and Maryland state courts, the Federal Courts of the Eastern and Southern Districts of New York, the Western District of Texas, the U.S. Court of Federal Claims, the U.S. Court of Appeals for the Federal Circuit, the Court of Appeals for the Armed Services and the United States Supreme Court. We have been awarded the highest accolades for legal abilities and general ethical standards from the prestigious Martindale-Hubbell directory and serve on the executive boards or committees of numerous legal associations. On many occasions, we have frequently lectured on issues of criminal justice to other members of the Bar, and we have been published in peer-reviewed journals. Further general information is available at http://www.cmgesq.com/.
We recently had a major victory in a case in the Southern District of New York. It's a rare event when a judge dismisses a federal criminal indictment, but it's even more unheard of when he does it by declaring a law unconstitutional, which is what he did. Specifically, he held that the Analogue Statute is unconstitutionally VOID for vagueness as applied to 1,4-butanediol, a substance the government claims is an analogue of GHB, both on grounds of inadequate notice and as to arbitrary enforcement. [The Court's decision is reproduced in the "Articles" section of this site.] Needless to say, the ruling may jeopardize prior convictions and pending cases, potentially throwing a monkey wrench into the DEA's recent Operation Webslinger. Federal prosecutors appealed, and the Second Circuit will decide the case sometime soon.
We accept referrals from attorneys throughout the nation. We also consult with attorneys in other jurisdictions who seek assistance on anabolic steroid issues. Participation and referral fees are paid in accordance with state and local bar rules, codes of professional responsibility and canons of ethics. Where a geographically distant client's needs would be better served by referral to local counsel, we seek to find eminently qualified counsel in that area. Accordingly, we are always looking out for criminal defense attorneys experienced with anabolic steroid cases (and other criminal defense matters). If you have an interest in being considered in this regard, feel free to contact us at 516-294-0300 or by e-mail through our firm web site at www.cmgesq.com or directly at info@cmgesq.com.
We hope you have found this site illuminating. Please forward any comments or suggestions to us by e-mail. If you would like to be fully enlightened on all legal issues relating to anabolic steroids, or to be prepared to effectively handle a criminal case involving steroids, may we suggest the new book, LEGAL MUSCLE: Anabolics in America, available at www.legalmusclebooks.com. At over 400 pages, it's the ultimate steroid legal resource! If there's anything you'd like to see added to future editions, please let us know. We also welcome input from attorneys throughout the United States and abroad concerning the laws, policies and practices of their jurisdictions.
COPYRIGHT (c) 2000 by Rick Collins, JD, www.SteroidLaw.com. All rights reserved. No commercial reproduction of any portion of this material is permitted without the express written permission of the author.
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2002 Collins, McDonald and Gann, P.C.. All Rights Reserved. Please read the Disclaimer.