On 11th March 2004, Sen. Joseph Biden Jr. [D-DE] sponsored the Anabolic Steroid Control Act of 2004 that was aimed to amend the Controlled Substances Act for clarifying the definition of anabolic steroids and providing for research and education activities relating to steroids and steroid precursors.
The S. 2195 (108th) bill that led to the enactment of the Anabolic Steroid Control Act of 2004 was reported by committed on 30th September 2004, passed the Senate on 6th October 2004, passed the house on 8th October 2004, signed by the President on 22nd October 2004, and was enacted after being signed by the President on October 22, 2004.
The bill by Sen. Joseph Biden Jr. [D-DE] was co-sponsored by:
Allen, George [R-VA]
Feinstein, Dianne [D-CA]
Grassley, Charles “Chuck” [R-IA]
Harkin, Thomas “Tom” [D-IA]
Hatch, Orrin [R-UT]
McCain, John [R-AZ]
Murkowski, Lisa [R-AK]
Nelson, Bill [D-FL]
Stevens, Ted [R-AK]
Lautenberg, Frank [D-NJ]
Section 102 of the Controlled Substances Act (21 U.S.C. 802) was amended to change the definition of “anabolic steroid” to include any drug or hormonal substance, chemically and pharmacologically related to testosterone (other than estrogens, progestins, corticosteroids, and dehydroepiandrosterone), and includes–
(I) 3b,17b-dihydroxy-5a-androstane; and
(ii) androstanedione (5a-androstan-3,17-dione);
(I) 1-androstenediol (3b,17b-dihydroxy-5a-androst-1-ene);
(II) 1-androstenediol (3a,17b-dihydroxy-5a-androst-1-ene);
(III) 4-androstenediol (3b,17b-dihydroxy-androst-4-ene); and
(IV) 5-androstenediol (3b,17b-dihydroxy-androst-5-ene);
(I) 1-androstenedione ([5a]-androst-1-en-3,17-dione);
(II) 4-androstenedione (androst-4-en-3,17-dione); and
(III) 5-androstenedione (androst-5-en-3,17-dione);
(v) bolasterone (7a,17a-dimethyl-17b-hydroxyandrost-4-en-3-one);
(vi) boldenone (17b-hydroxyandrost-1,4,-diene-3-one);
(vii) calusterone (7b,17a-dimethyl-17b-hydroxyandrost-4-en-3-one);
(viii) clostebol (4-chloro-17b-hydroxyandrost-4-en-3-one);
(ix) dehydrochloromethyltestosterone (4-chloro-17b-hydroxy-17a-methyl-androst-1,4-dien-3-one);
(x) *1-dihydrotestosterone (a.k.a. ‘1-testosterone’) (17b-hydroxy-5a-androst-1-en-3-one);
(xi) 4-dihydrotestosterone (17b-hydroxy-androstan-3-one);
(xii) drostanolone (17b-hydroxy-2a-methyl-5a-androstan-3-one);
(xiii) ethylestrenol (17a-ethyl-17b-hydroxyestr-4-ene);
(xiv) fluoxymesterone (9-fluoro-17a-methyl-11b,17b-dihydroxyandrost-4-en-3-one);
(xv) formebolone (2-formyl-17a-methyl-11a,17b-dihydroxyandrost-1,4-dien-3-one);
(xvi) furazabol (17a-methyl-17b-hydroxyandrostano[2,3-c]-furazan);
(xviii) 4-hydroxytestosterone (4,17b-dihydroxy-androst-4-en-3-one);
(xix) 4-hydroxy-19-nortestosterone (4,17b-dihydroxy-estr-4-en-3-one);
(xx) mestanolone (17a-methyl-17b-hydroxy-5a-androstan-3-one);
(xxi) mesterolone (1a-methyl-17b-hydroxy-[5a]-androstan-3-one);
(xxii) methandienone (17a-methyl-17b-hydroxyandrost-1,4-dien-3-one);
(xxiii) methandriol (17a-methyl-3b,17b-dihydroxyandrost-5-ene);
(xxiv) methenolone (1-methyl-17b-hydroxy-5a-androst-1-en-3-one);
(xxv) 17a-methyl-3b, 17b-dihydroxy-5a-androstane;
(xxviii) 17a-methyl-4-hydroxynandrolone (17a-methyl-4-hydroxy-17b-hydroxyestr-4-en-3-one);
(xxix) methyldienolone (17a-methyl-17b-hydroxyestra-4,9(10)-dien-3-one);
(xxx) methyltrienolone (17a-methyl-17b-hydroxyestra-4,9-11-trien-3-one);
(xxxi) methyltestosterone (17a-methyl-17b-hydroxyandrost-4-en-3-one);
(xxxii) mibolerone (7a,17a-dimethyl-17b-hydroxyestr-4-en-3-one);
(xxxiii) 17a-methyl-*1-dihydrotestosterone (17b-hydroxy-17a-methyl-5a-androst-1-en-3-one) (a.k.a. ‘17-a-methyl-1-testosterone’);
(xxxiv) nandrolone (17b-hydroxyestr-4-en-3-one);
(I) 19-nor-4-androstenediol (3b, 17b-dihydroxyestr-4-ene);
(II) 19-nor-4-androstenediol (3a, 17b-dihydroxyestr-4-ene);
(III) 19-nor-5-androstenediol (3b, 17b-dihydroxyestr-5-ene); and
(IV) 19-nor-5-androstenediol (3a, 17b-dihydroxyestr-5-ene);
(I) 19-nor-4-androstenedione (estr-4-en-3,17-dione); and
(II) 19-nor-5-androstenedione (estr-5-en-3,17-dione;
(xxxvii) norbolethone (13b,17a-diethyl-17b-hydroxygon-4-en-3-one);
(xxxviii) norclostebol (4-chloro-17b-hydroxyestr-4-en-3-one);
(xxxix) norethandrolone (17a-ethyl-17b-hydroxyestr-4-en-3-one);
(xl) normethandrolone (17a-methyl-17b-hydroxyestr-4-en-3-one);
(xli) oxandrolone (17a-methyl-17b-hydroxy-2-oxa-[5a]-androstan-3-one);
(xlii) oxymesterone (17a-methyl-4,17b-dihydroxyandrost-4-en-3-one);
(xliii) oxymetholone (17a-methyl-2-hydroxymethylene-17b-hydroxy-[5a]-androstan-3-one);
(xliv) stanozolol (17a-methyl-17a-hydroxy-[5a]-androst-2-eno[3,2-c]-pyrazole);
(xlv) stenbolone (17b-hydroxy-2-methyl-[5a]-androst-1-en-3-one);
(xlvi) testolactone (13-hydroxy-3-oxo-13,17-secoandrosta-1,4-dien-17-oic acid lactone);
(xlvii) testosterone (17b-hydroxyandrost-4-en-3-one);
(xlviii) tetrahydrogestrinone (13b,17a-diethyl-17b-hydroxygon-4,9,11-trien-3-one);
(xlix) trenbolone (17b-hydroxyestr-4,9,11-trien-3-one); and
(xlx) any salt, ester, or ether of a drug or substance described in this paragraph.
The substances, which were excluded under this sub-paragraph, may be scheduled by the Attorney General at any time in accordance with the authority and requirements of subsections (a) through (c) of section 201.
“Under this bill, clever chemists will no longer be able to dodge the law by disguising their chemicals to skirt the legal definition of a steroid,” Hatch said in a statement after the bill’s passage. “Our bill gives the Drug Enforcement Agency the power to schedule nearly any steroid precursor now or in the future–giving the law flexibility we don’t have to play catch-up with every new andro look-alike that comes along.”
The Anabolic Steroid Control Act of 2004 directed the United States Sentencing Commission for reviewing and considering amending the federal sentencing guidelines to provide for increased penalties with respect to offenses involving anabolic steroids. It also directed the Secretary of Health and Human Services for awarding grants to public and nonprofit private entities to carry out science-based education programs in elementary and secondary schools to emphasize the harmful effects of anabolic steroids.
Those substances defined as anabolic steroids became subject (effective January 20, 2005) to CSA regulatory controls and administrative, civil and criminal sanctions applicable to the manufacture, distribution, dispensing, importing and exporting of a Schedule III controlled substance, including the following:
- Any individual, who manufactures, distributes, dispenses, imports or exports a substance defined as an anabolic steroid or engages in research or conducts instructional activities with respect to substances defined as anabolic steroids or who proposes to engage in such activities must be registered to conduct such activities with Schedule III controlled substances in accordance with 21 CFR part 1301.
- All labels and labeling for commercial containers of substances defined as anabolic steroids that are distributed on or after January 17, 2006, shall comply with requirements of 21 CFR 1302.03-1302.07.
- All registrants are required to keep records pursuant to 21 CFR 1304.03, 1304.04, 1304.05, 1304.21, 1304.22, 1304.23 and 1304.26.
- All importation and exportation of any substance defined as an anabolic steroid must be in compliance with 21 CFR part 1312.
- Upon the recommendation of Secretary of Health and Human Services, the Administrator, may, by regulation, exempt from the application of all or any part of the Act any compound, mixture, or preparation containing an anabolic steroid as defined in part 1300 of this chapter, which is intended for administration to a human being or animal, if, because of its concentration, preparation, formulation, or delivery system, it has no significant potential for abuse.
- All prescriptions for these Schedule III compounds or for products containing these Schedule III compounds would be required to be issued pursuant to 21 CFR 1306.03-1306.06 and 1306.21- 1306.27.
- Every registrant required to keep records and who possesses any quantity of any substance defined as an anabolic steroid is required to keep an inventory of all stocks of the substances on hand pursuant to 21 CFR 1304.03, 1304.04 and 1304.11. Every registrant who desires registration in Schedule III for any substance defined as an anabolic steroid shall conduct an inventory of all stocks of the substances on hand at time of registration.
- As of January 20, 2005, manufacture, import, export, distribution, or sale of the listed steroids except by DEA registrants has been a violation of the CSA that may result in imprisonment and fines (21 U.S.C. 841, 960). Possession of the steroids unless legally obtained is also subject to criminal penalties (21 U.S.C. 844).
- Only persons registered as dispensers are allowed to dispense the steroids to end users. Registered dispensers, however, are limited to practitioners, who are defined in the CSA as physicians, dentists, veterinarians, scientific investigators, pharmacies, hospitals, or other persons licensed, registered, or otherwise permitted by the U.S. or the jurisdiction in which they practice or conduct research, to distribute, dispense, conduct research with respect to, administer, or use in teaching or chemical analysis, a controlled substance in the course of professional practice or research, 21 U.S.C. 802(21).