If you begin researching the laws surrounding HGH, you will find that they are extremely confusing. However, they can easily be broken down into a format that is easily understood by the average person.
First, you should learn more about the history of the laws that have occurred as well as the changes that have taken place over the years.
The original law that prohibited the distribution of Human Growth Hormone (HGH) was passed by congress. Doctors were then required to write prescriptions for those who needed HGH due to medical conditions.
This law was put in place after the FDA and Cosmetic Act found that people were distributing anabolic steroids without prescriptions as required.
Pursuant to 21 U.S.C. § 353(b)(1)(B) “prescription drugs such as anabolic steroids and/or human growth hormone could be legally distributed only in those instances in which a physician, based upon an individualized determination of a proper course of treatment, authorizes the drug’s distribution to a patient under his supervision.”
Prescription human growth hormones will be considered misbranded drugs and illegal for distribution if they are not distributed in the proper manner.
Pursuant to 21 U.S.C. § 353(b). Distribution of prescription drugs outside these restrictions has resulted in the prosecution and conviction of laypersons, [FN1] pharmacists, [FN2] and physicians. [FN3]
- E.g., United States v. Shields, 939 F.2d 780 (9th Cir. 1991), superseded after remand by, United States v. Von Mitchell, 984 F.2d 338 (9th Cir. 1993).
- E.g., United States v. Siler Drug Store, 376 F.2d 89 (6th Cir. 1967).
- E.g., DeFreese, supra; Brown, supra.
If consumers are misled or defrauded by the distributing party and the illegal distribution of human growth hormone occurs, three years in jail could be the sentence for the distributing party.
Pursuant to: [FN4] 21 U.S.C. § 333(a)(2).
FN4. Using the Federal Food, Drug, and Cosmetic Act, the government must establish an interstate nexus. Thus, the government must prove either that any one of the components of the anabolic steroids and/or human growth hormone travelled in interstate commerce before the drug was misbranded and held for sale, see 21 U.S.C. § 331(k), or the government must establish that the individual caused the delivery for introduction into interstate commerce of the misbranded human growth hormone and/or misbranded anabolic steroids, see 21 U.S.C. § 331(a).
An amendment was made in 1988 due to a concern for the safety of young athletes who were receiving human growth hormone and anabolic steroids illegally. The number of these cases grew, prompting the addition to 2 amendments that were implemented by congress. They criminalized the trafficking of human growth hormones and steroids. It was deemed that only the following instances would remain legal when the Anti-Drug Abuse Amendments went into effect on November 18, 1988:
- Was prescribed under the order of a doctor, and
- There was a disease that needed to be treated.
The government now could seek the forfeiture of property for felony crimes that involved the violation of these amendments as well.
Pursuant to 21 U.S.C. § 333a, “Any conviction for a violation of section 303(e) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. § 333(e)), or any other provision of that Act, involving an anabolic steroid or a human growth hormone shall be considered, for purposes of section 413 of the Controlled Substances Act (21 U.S.C. § 853), a conviction for a violation of title II of the Comprehensive Drug Abuse Prevention and Control Act of 1970, if such violation of the Federal Food, Drug, and Cosmetic Act is punishable by imprisonment for more than one year.”
These laws were once again amended by Congress in 1990. The penalties became much higher and the controls far more stringent. They are now classified as a Schedule III controlled substance as well and were changed to a five-year felony for both the possession and the distribution with intent to distribute HGH for any reason other than what it is authorized for.
This new Act that was put in place in 1990 also added to the penalty that could be demanded and increased imprisonment to 10 years for distribution to a minor under the age of 18. Prosecutions for violations are very different from other drug prosecutions. For starters, proof of distribution is not required and secondly, it is the equivalent of a narcotics case.
At the moment there are only two authorized manufacturers of HGH and both follow extremely strict restrictions for the distribution of their products. Physicians are the only ones with access to HGH and only hospital pharmacies are able to actually order it.
Cases that involve HGH distribution will generally fall into the following categories; HGH that is counterfeit, smuggled or diverted.
HGH hormones are illegal and there are regulations that are increasing amongst professional sports. Testing is regular in relation to professional sports and they remain legal only through a physician and for those with very specific medical conditions.