Despite Steroids Appearing on the List of Controlled Substances Since 1990, Human Growth Hormone (HGH) Remains Unlisted and Largely Unregulated; New Classification Would Make HGH Possession a Crime
Washington, DC—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) 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.
According to the National Institute on Drug Abuse, approximately 10 percent of high school athletes have experimented with or are regular users of anabolic steroids. It is assumed that HGH is being abused at the same if not higher levels, in part because there is no test to detect it. Performance-enhancing drugs are particularly dangerous for adolescents, because they are still growing and because of the dangerous side effects such as depression, addiction to other substances, and other physical problems. Performance-enhancing drugs have been linked to cancer, impotence, heart muscle deterioration and arthritis.
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 wide-spread 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 in the , and the Partnership for a Drug-Free America have endorsed the bill.
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Here is Grassley’s statement from the press conference today.
Prepared Statement of Senator Chuck Grassley
Press Conference on Steroid Use
Tuesday, December 18, 2007
As co-chairman of the Senate Drug Caucus, I have worked to eliminate dangerous performance-enhancing drugs from sports. In 2004, I co-sponsored the Anabolic Steroid Control Act in response to the wide-spread use of steroids in professional sports. I also held a hearing that year to highlight the dangers of these terrible drugs, and the serious effects they can have on kids.
My hearing shed light on the pressures felt by kids. I had a Division I athlete tell us that anything from protein supplements to illegal steroids were readily available at both the high school and college level. These are kids who simply want to perform better to win a starting spot on the varsity, to earn a college scholarship, make it to the pros, or even just to “look better.”
Sadly, last week’s release of the Mitchell report further illustrates the fact that athletes are still turning to these horrible drugs to gain a competitive edge. And in the end, these professional athletes are showing kids that it’s okay to take steroids or steroid precursors. This is what we have to end.
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.
Human growth hormone or 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.
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?
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.
What is even more disturbing is the fact that DHEA is being marketed online to kids. One bodybuilding website, directed towards teenagers, features a teen bodybuilder of the week to promote performance-enhancing drugs. The person you see in this chart is a former Junior National Champion bodybuilder. When asked what supplement gave him the greatest gains for his competition this teenager replied “DHEA.”
Many of us know kids this age. I don’t know about you, but this doesn’t look normal to me.
Sadly, advertisements like this one are having an impact on young people.
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.
Another area of concern is the wide-spread presence of HGH in professional sports. Although all professional sports leagues have banned the use of this hormone, athletes still use this substance to gain a competitive edge.
The body naturally produces HGH in children, to promote growth, but HGH can also lead to muscle growth in adults. Moreover, studies show that prolonged use of this substance can lead to diseases like cancer and gigantism.
The Drug Enforcement Administration is limited in its ability to investigate and prosecute the improper sale and manufacture of HGH, which is why I’m happy to join Senator Schumer in co-sponsoring his legislation. This bill will make HGH a schedule III controlled substance, and will give the DEA full authority to investigate and prosecute bad faith sales of this substance.
I believe we need to act quickly to curb the use of these substances, which is why I sent Chairman Leahy and Ranking Member Specter a letter requesting that these bills be placed on the Judiciary Committee executive business meeting agenda as soon as possible.
These bills certainly are not a remedy for all the problems our society faces with performance-enhancing drug abuse. But I do think they are a good step at getting at some of the issues we are seeing. I’m hopeful that the sports industry will heed the wake up call and do something to deal with this issue. Professional sports figures need to realize that they are role models. They need to shape up - without the drugs.
I’m looking forward to working with my colleague Senator Schumer and others in the Senate at raising awareness of this problem of performance-enhancing drug abuse, and finding solutions.
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