Rebecca Wright12.19.07
Today, U.S. Senators Charles E. Schumer (D-NY) and Chuck Grassley (R-IA) announced a set of proposals that would cut access to performance-enhancing drugs and attach stiffer criminal penalties to their improper use and distribution. The senators urged Congress to act on the proposals as soon as possible in the wake of last week’s bombshell, independent report by former Senate Majority Leader George Mitchell on the widespread abuse of steroids and other performance-enhancing drugs by Major League Baseball athletes.
“The real tragedy of the Mitchell Report is that it shows how easy it is to beat the system,” Schumer said. “The majority of players named in the report are accused of taking human growth hormone, a drug for which there is currently no reliable test. We have to do everything we can to keep dangerous substances out of young hands. Together, these two bills are a big step in that direction.”
“These bills are a good step at getting at some of the issues we are seeing as athletes of all ages use performance enhancing drugs,” Grassley said. “I’m hopeful that the sports industry will heed the wake up call and do something to deal with this problem. Professional sports figures need to realize that they are role models. It's time they shape up—without the drugs.”
Currently, human growth hormone (HGH) is not a controlled substance. Although it is regulated by other laws, it is not currently illegal to possess HGH, nor is its manufacturing process as closely regulated as that of anabolic steroids. Schumer’s proposal (S.877) would amend the Controlled Substances Act (CSA) to add HGH as a Schedule III substance, thus equating it with anabolic steroids in the eyes of the law. The CSA sets forth certain criteria—such as whether or not the drug in question has any medical purpose, how addictive it might be, and what kind of side effects it might have—in deciding how to categorize it.
In 1990, the Controlled Substances Act was amended to include anabolic and androgenic steroids as a Schedule III substance. At the time, a number of substances were added to the list. However, the rapid evolution of performance-enhancing drugs has made it difficult for law enforcement to keep up. Following baseball star Mark McGwire’s admission that he had taken androstenedione, Congress amended the CSA once against to include that particular steroid hormone in 2004.
The Controlled Substances Act requires all legitimate manufacturers, distributors and dispensers of any controlled substance to register with the Drug Enforcement Agency (DEA). Manufacturers must keep data on production and disposal of their substances, including information on both sales and destruction. This creates a “closed” system, making it easier for DEA and law enforcement to identify a controlled substance that has been acquired on the black market or produced by a rogue source.
When a substance is added to the list, all distributors and dispensers along the distribution chain who deal with the substance—including wholesale distributors, doctors, hospitals, pharmacies and certain retail stores—are required to register with the DEA. Even with drugs requiring a prescription, this is not the case unless a drug is considered to be a controlled substance. It also means that anyone along the production chain can be prosecuted for a violation of the Controlled Substances Act—for example, a manufacturer who is not registered, or a pharmacist who knowingly fills a faulty prescription.
Currently, simple possession of HGH is not a criminal offense. However, inclusion of HGH in the list of controlled substances would mean that if a person possesses HGH without a current, valid prescription, he or she could be prosecuted for possession of a controlled substance. Penalties for possession could be as high as three years imprisonment, depending on the circumstances of the case.
HGH is a naturally occurring hormone produced in the pituitary gland. The Food and Drug Administration (FDA) has approved use of HGH for medical purposes such as dwarfism, but not for cosmetic or anti-aging purposes. Like steroids, HGH can reduce fat and help to build lean muscle, creating an athletic build. Because it helps with bone growth and tissue repair, many athletes have turned to it when recovering from an injury.
Senator Grassley’s proposal (S.2470) also addresses the growing prevalence of another substance that is being used for its performance-enhancing properties, dehydroepiandrosterone (DHEA). DHEA is a naturally occurring precursor to testosterone, and a dietary supplement that some athletes are turning to as an alternative to illegal anabolic steroids. Although many people use DHEA as an “anti-aging” supplement, it is being marketed online to young athletes as a good way to increase muscle mass. When taken in high doses over time, DHEA, like its other relatives in the steroid family, may cause liver damage and cancer. S.2470 will address this issue by making it illegal to sell DHEA without a prescription to anyone under the age of 18.
Senator Grassley is the co-chairman of the International Narcotics Control Caucus. In addition to the bills noted above, he has introduced legislation that would add DHEA to the list of controlled substances. In 2004, Grassley also led a hearing that revealed widespread use of performance-enhancing drugs in young people.
Senator Schumer first introduced the HGH legislation last March, when Albany County District Attorney David Soares uncovered a multi-state HGH ring. The U.S. Anti-Doping Agency, the independent anti-doping agency for Olympic-related sports and the Partnership for a Drug-Free America have endorsed the bill.
Both senators also held a press conference to announced their intentions with regard to HGH and DHEA. “I assure you that Congress will not remain complacent when it comes to performance-enhancing drugs. That’s why I’m happy to join my colleague, Senator Schumer, today to promote two bills that will help crack down on performance- enhancing drug use,” Senator Grassley said. “HGH and the dietary supplement DHEA are being marketed and sold to athletes of all ages to help them compete at a higher level. What many people don’t realize is that these substances are highly dangerous when not properly used under the supervision of a physician.
Senator Grassley went on to say that DHEA is a pre-cursor steroid hormone to testosterone that is banned by all professional sports leagues, except Major League Baseball. “With that revelation is anybody surprised about the findings of the Mitchell report?” he said. “The opponents of my legislation will tell you that DHEA does nothing to kids, but studies reveal this isn’t the case. When taken in high doses over time, DHEA, like its relatives in the steroid family, may cause liver damage and cancer. Let me reiterate, DHEA has the same effects on the body as steroids.
“I have introduced two bills in the past that would make DHEA a controlled substance, but I realize that many people use this product legitimately. I think it’s important that we at least make sure that our children do not have access to DHEA. So, the bill I introduced just last week will make the sale of DHEA to individuals under the age of 18 a civil offense. Three states already have statutes in place that do this and some stores already restrict the sale of DHEA to minors.”
Following the press conference, Council for Responsible Nutrition (CRN) president Steve Mister issued the following statement:
“We strongly oppose the attempt to restrict access to a legal and safe supplement product—DHEA—under the guise of protecting consumers from ‘performance-enhancing drugs.’ There is no evidence that DHEA is being abused by minors nor is there evidence that DHEA works as a performance-enhancing product in young healthy adults. Tying this legislation to the Mitchell report on steroid and drug problems in Major League Baseball is a misdirected attempt to push through meritless legislation based on emotional rhetoric. This bill would in no way address the problem of illegal anabolic steroid use. In short, this proposed legislation is a solution in search of a problem.
“When the Anabolic Steroid Control Act was passed, Congress specifically and intentionally omitted DHEA from the anabolic steroid category, recognizing that not all steroids are created equal. The primary function of anabolic steroids, such as androstenedione (“andro”), which is now a controlled substance, is to produce extra testosterone in order to increase muscle size and strength and reduce post-exercise recovery time, thereby making these products ‘performance-enhancing substances.’ Unlike anabolic steroids, DHEA is naturally produced and is the most common steroid hormone in the body. The body tightly regulates the conversion of DHEA, preventing excess production of testosterone—essentially the body recognizes when it is already achieving normal hormone levels and thus ‘ignores’ the additional DHEA.
“Hundreds of thousands of older adults safely and responsibly use DHEA due to their bodies’ inability to effectively produce healthy hormone levels on their own. This supplement has promising use to help support immune function, maintain cognitive function and elevate mood, improve sleep patterns, maintain strong bones and normalize glucose metabolism for this population.
“Many manufacturers, including some CRN member companies, voluntarily recommend on their labels that DHEA products not be used by those under 18. But self-regulation is quite different than legal restrictions that impose civil penalties, such as those included in this bill. Experience with other consumer products repeatedly demonstrates that when age restrictions are imposed on a product, it becomes much harder for mature, responsible, and legitimate consumers to purchase the products in a convenient manner. Restricting the access of DHEA would set an unacceptable precedent and would create the misimpression that DHEA deserves to be hidden behind the counter.
We urge Congress not to restrict access to DHEA, but rather to focus its resources on enforcing the current laws around illegal steroid use more strictly and educating the public about the dangers of illegal steroids.”
“The real tragedy of the Mitchell Report is that it shows how easy it is to beat the system,” Schumer said. “The majority of players named in the report are accused of taking human growth hormone, a drug for which there is currently no reliable test. We have to do everything we can to keep dangerous substances out of young hands. Together, these two bills are a big step in that direction.”
“These bills are a good step at getting at some of the issues we are seeing as athletes of all ages use performance enhancing drugs,” Grassley said. “I’m hopeful that the sports industry will heed the wake up call and do something to deal with this problem. Professional sports figures need to realize that they are role models. It's time they shape up—without the drugs.”
Currently, human growth hormone (HGH) is not a controlled substance. Although it is regulated by other laws, it is not currently illegal to possess HGH, nor is its manufacturing process as closely regulated as that of anabolic steroids. Schumer’s proposal (S.877) would amend the Controlled Substances Act (CSA) to add HGH as a Schedule III substance, thus equating it with anabolic steroids in the eyes of the law. The CSA sets forth certain criteria—such as whether or not the drug in question has any medical purpose, how addictive it might be, and what kind of side effects it might have—in deciding how to categorize it.
In 1990, the Controlled Substances Act was amended to include anabolic and androgenic steroids as a Schedule III substance. At the time, a number of substances were added to the list. However, the rapid evolution of performance-enhancing drugs has made it difficult for law enforcement to keep up. Following baseball star Mark McGwire’s admission that he had taken androstenedione, Congress amended the CSA once against to include that particular steroid hormone in 2004.
The Controlled Substances Act requires all legitimate manufacturers, distributors and dispensers of any controlled substance to register with the Drug Enforcement Agency (DEA). Manufacturers must keep data on production and disposal of their substances, including information on both sales and destruction. This creates a “closed” system, making it easier for DEA and law enforcement to identify a controlled substance that has been acquired on the black market or produced by a rogue source.
When a substance is added to the list, all distributors and dispensers along the distribution chain who deal with the substance—including wholesale distributors, doctors, hospitals, pharmacies and certain retail stores—are required to register with the DEA. Even with drugs requiring a prescription, this is not the case unless a drug is considered to be a controlled substance. It also means that anyone along the production chain can be prosecuted for a violation of the Controlled Substances Act—for example, a manufacturer who is not registered, or a pharmacist who knowingly fills a faulty prescription.
Currently, simple possession of HGH is not a criminal offense. However, inclusion of HGH in the list of controlled substances would mean that if a person possesses HGH without a current, valid prescription, he or she could be prosecuted for possession of a controlled substance. Penalties for possession could be as high as three years imprisonment, depending on the circumstances of the case.
HGH is a naturally occurring hormone produced in the pituitary gland. The Food and Drug Administration (FDA) has approved use of HGH for medical purposes such as dwarfism, but not for cosmetic or anti-aging purposes. Like steroids, HGH can reduce fat and help to build lean muscle, creating an athletic build. Because it helps with bone growth and tissue repair, many athletes have turned to it when recovering from an injury.
Senator Grassley’s proposal (S.2470) also addresses the growing prevalence of another substance that is being used for its performance-enhancing properties, dehydroepiandrosterone (DHEA). DHEA is a naturally occurring precursor to testosterone, and a dietary supplement that some athletes are turning to as an alternative to illegal anabolic steroids. Although many people use DHEA as an “anti-aging” supplement, it is being marketed online to young athletes as a good way to increase muscle mass. When taken in high doses over time, DHEA, like its other relatives in the steroid family, may cause liver damage and cancer. S.2470 will address this issue by making it illegal to sell DHEA without a prescription to anyone under the age of 18.
Senator Grassley is the co-chairman of the International Narcotics Control Caucus. In addition to the bills noted above, he has introduced legislation that would add DHEA to the list of controlled substances. In 2004, Grassley also led a hearing that revealed widespread use of performance-enhancing drugs in young people.
Senator Schumer first introduced the HGH legislation last March, when Albany County District Attorney David Soares uncovered a multi-state HGH ring. The U.S. Anti-Doping Agency, the independent anti-doping agency for Olympic-related sports and the Partnership for a Drug-Free America have endorsed the bill.
Both senators also held a press conference to announced their intentions with regard to HGH and DHEA. “I assure you that Congress will not remain complacent when it comes to performance-enhancing drugs. That’s why I’m happy to join my colleague, Senator Schumer, today to promote two bills that will help crack down on performance- enhancing drug use,” Senator Grassley said. “HGH and the dietary supplement DHEA are being marketed and sold to athletes of all ages to help them compete at a higher level. What many people don’t realize is that these substances are highly dangerous when not properly used under the supervision of a physician.
Senator Grassley went on to say that DHEA is a pre-cursor steroid hormone to testosterone that is banned by all professional sports leagues, except Major League Baseball. “With that revelation is anybody surprised about the findings of the Mitchell report?” he said. “The opponents of my legislation will tell you that DHEA does nothing to kids, but studies reveal this isn’t the case. When taken in high doses over time, DHEA, like its relatives in the steroid family, may cause liver damage and cancer. Let me reiterate, DHEA has the same effects on the body as steroids.
“I have introduced two bills in the past that would make DHEA a controlled substance, but I realize that many people use this product legitimately. I think it’s important that we at least make sure that our children do not have access to DHEA. So, the bill I introduced just last week will make the sale of DHEA to individuals under the age of 18 a civil offense. Three states already have statutes in place that do this and some stores already restrict the sale of DHEA to minors.”
Following the press conference, Council for Responsible Nutrition (CRN) president Steve Mister issued the following statement:
“We strongly oppose the attempt to restrict access to a legal and safe supplement product—DHEA—under the guise of protecting consumers from ‘performance-enhancing drugs.’ There is no evidence that DHEA is being abused by minors nor is there evidence that DHEA works as a performance-enhancing product in young healthy adults. Tying this legislation to the Mitchell report on steroid and drug problems in Major League Baseball is a misdirected attempt to push through meritless legislation based on emotional rhetoric. This bill would in no way address the problem of illegal anabolic steroid use. In short, this proposed legislation is a solution in search of a problem.
“When the Anabolic Steroid Control Act was passed, Congress specifically and intentionally omitted DHEA from the anabolic steroid category, recognizing that not all steroids are created equal. The primary function of anabolic steroids, such as androstenedione (“andro”), which is now a controlled substance, is to produce extra testosterone in order to increase muscle size and strength and reduce post-exercise recovery time, thereby making these products ‘performance-enhancing substances.’ Unlike anabolic steroids, DHEA is naturally produced and is the most common steroid hormone in the body. The body tightly regulates the conversion of DHEA, preventing excess production of testosterone—essentially the body recognizes when it is already achieving normal hormone levels and thus ‘ignores’ the additional DHEA.
“Hundreds of thousands of older adults safely and responsibly use DHEA due to their bodies’ inability to effectively produce healthy hormone levels on their own. This supplement has promising use to help support immune function, maintain cognitive function and elevate mood, improve sleep patterns, maintain strong bones and normalize glucose metabolism for this population.
“Many manufacturers, including some CRN member companies, voluntarily recommend on their labels that DHEA products not be used by those under 18. But self-regulation is quite different than legal restrictions that impose civil penalties, such as those included in this bill. Experience with other consumer products repeatedly demonstrates that when age restrictions are imposed on a product, it becomes much harder for mature, responsible, and legitimate consumers to purchase the products in a convenient manner. Restricting the access of DHEA would set an unacceptable precedent and would create the misimpression that DHEA deserves to be hidden behind the counter.
We urge Congress not to restrict access to DHEA, but rather to focus its resources on enforcing the current laws around illegal steroid use more strictly and educating the public about the dangers of illegal steroids.”
