As a result of the physical and psychological demands of military service, many military members regularly consume dietary supplements to promote good health. These products can range from multivitamins to herbal supplements to performance-enhancing drugs/steroid analogs.
Steroid use in the military is a serious issue with significant legal consequences and harmful effects on the individuals involved. The Uniform Code of Military Justice (UCMJ) strictly prohibits the wrongful use, possession, distribution, and manufacturing of controlled substances, including steroids. Violating Article 112a of the UCMJ can result in severe punishments, ranging from reduction in rank to expulsion from the armed services.
To exasperate the problem, there are various products readily available in the market, particularly on the internet, that contain substances prohibited by the Department of Defense. Service members often consume these products unknowingly, unaware that they are using banned substances. Moreover, while some over-the-counter products carry warning labels advising athletes subject to testing not to use them, others lack such labels.
The complexity of these cases is compounded by the fact that drug lab reports may use the term “steroids” in a generic manner. Additionally, commanders may be unfamiliar with substances such as epitrenbolone or boldenone, as well as other prohormones that yield positive test results.
These cases are still relatively new to the military criminal justice system. As a result, not many active-duty lawyers have experience with steroid or pro-hormone cases. It is often necessary to consult a defense toxicologist to understand how pro-hormones metabolize in the body and produce positive test results. Similarly, not all legal counsel will understand T/E (testosterone to epitestosterone) ratios.
This article will delve into the legal ramifications and detrimental effects of steroid use in the military, providing valuable insights for servicemembers and their commanders.
Understanding Article 112a of the UCMJ
Using steroids in the military is illegal unless prescribed by a physician.
Specifically, steroid use falls under Article 112a of the UCMJ. Article 112a of the UCMJ specifically addresses the wrongful use, possession, manufacturing, distribution, importation, and introduction of controlled substances within the military. It outlines the substances under its purview, including opium, heroin, cocaine, amphetamine, lysergic acid diethylamide (LSD), methamphetamine, phencyclidine (PCP), barbituric acid, marijuana, and their derivatives. Additionally, any substance listed on the controlled substances schedule prescribed by the President or in schedules I through V of the Controlled Substances Act, which includes anabolic steroids and testosterone, is also covered.
Specifically, anabolic steroids and testosterone fall under Schedule III of the Controlled Substances Act (see 21 U.S. Code § 812). By definition, Schedule III substances “have a potential for abuse less than substances in Schedules I or II, and abuse may lead to moderate or low physical dependence or high psychological dependence.” Anabolic steroids include Barbital, Chloral betaine, Chloral hydrate, Ethchlorvynol, Ethinamate, Methohexital, Meprobamate, Methylphenobarbital, Paraldehyde, Petrichloral, and Phenobarbital.
It should be noted that there are specific anabolic steroids that are exempt from Schedule III. These steroids are exempt because their concentration, preparation, formulation, and/or delivery system has “no significant potential for abuse.” See 21 C.F.R. § 1308.33. A current list of exempt anabolic steroid products is located here.
To be found guilty under Article 112a, the following elements must be proven:
- The accused engaged in the wrongful use, possession, manufacturing, distribution, importation, or introduction of a controlled substance, such as steroids;
- The accused’s actions were without legal justification or authorization (such as a prescription); and
- For wrongful possession, manufacturing, or introduction with intent to distribute, it must also be established that the accused intended to distribute the controlled substance.
It is important to note that possession can be physical or constructive, meaning that control over the substance is sufficient to establish possession. Intent to distribute can be inferred from various factors such as the quantity of the substance, packaging, market value, and the accused’s history of use or addiction. However, addiction or heavy use can be used as evidence to negate the presumption of intent to distribute.
In addition to falling under Article 112a of the UCMJ as a controlled substance, on 9 March 2022, Department of Defense Instruction (DoDI) 6130.06: Use of Dietary Supplements in the DoD was signed. DoDI 6130.06 provides guidelines to establish an official list of prohibited substances, over and above anabolic steroids as contained in Schedule III. According to this instruction, all “prohibited dietary supplement ingredients will be listed on the DoD Prohibited Dietary Supplement Ingredients List on the OPSS website, which will be updated quarterly and as new scientific evidence emerges showing benefit or harm of dietary supplement use.”
The instruction further provides that “service members are prohibited from using any dietary supplement containing ingredients on the list,” and can be prosecuted in accordance with the UCMJ for using any “dietary supplements that contain substances designated on the DoD Prohibited Dietary Supplement Ingredients List on the OPSS website.” This includes:
- Anabolic steroids listed in Schedule III of the Controlled Substances Act, as well as those outlined in Public Law 113-260 and later amendments;
- Various performance-enhancing drugs and selected substances on the World Anti-Doping Code Prohibited List in classes S0-S5 that are prescription drugs and/or unapproved drugs. These substances will also be delineated on the DoD Prohibited Dietary Supplement Ingredients List on the Operation Supplement Safety (OPSS) website; and
- Controlled substances regulated in 21 U.S.C. 802 and 21 U.S.C. 812 (The Controlled Substance Schedules).
To determine if your supplement contains prohibited ingredients, check Operation Supplement Safety (www.opss.org) – the DoD dietary supplement resource containing lists of prohibited substances and other valuable information.
Legal Consequences of Steroid Use in the Military
Steroid use in the military carries severe legal consequences. Violating Article 112a of the UCMJ can result in dishonorable discharge, forfeiture of all pay and allowances, and confinement for varying periods, depending on the substance involved. Specifically, the use, possession, distribution, or manufacture of a Schedule III substance – such as anabolic steroids and testosterone – can result in dishonorable discharge, reduction in rank, forfeiture of pay, and confinement for up to five years. By comparison, possessing less than 30 grams of marijuana or any Schedule IV or V substance can lead to a dishonorable discharge, forfeiture of pay, and confinement for up to two years.
In addition, any violation of Article 112a can result in the revocation of your security clearance as the misuse of steroids or PEDs raises questions about a service member’s loyalty to service and compliance with laws.
Does the Military Test for Steroids?
In the fall of 2023, the Navy announced plans to conduct random drug testing for steroid use among its special forces beginning in November of 2023. This groundbreaking move marks the first time any U.S. military special operations group has taken such a comprehensive approach to combat doping and is one that military leaders have long resisted. Army Special Operations Command has also announced plans to adopt the same approach soon. However, a specific commencement date has yet to be determined. As of now, neither the Air Force nor the Marine Corps special operations commands have made any requests for a similar policy change.
You can read more about the Navy SEALs new policy in our in-depth blog post on the topic titled, Navy SEALs and Special Warfare Troops to Undergo Random Steroid Testing.
Outside of the Navy SEAL’s new policy regarding random drug testing for steroids, it should be noted that steroid analysis is not currently included in random drug testing of other military members. Instead, these drug tests focus on THC (marijuana), synthetic cannabinoids, amphetamines, opiates, cocaine, and benzodiazepines. The reasoning behind this is likely due to cost. Steroid analysis is expensive and time-consuming. By way of example, while a marijuana analysis might cost around $8, running a urinalysis for steroid use can cost anywhere from $240 to $365. Moreover, while it might take one day to process a marijuana analysis, steroid testing can take six to eight weeks.
Due to these practical considerations, outside of the Navy SEAL context, as discussed in our post titled Navy SEALs and Special Warfare Troops to Undergo Random Steroid Testing, military officials usually don’t randomly test servicemembers for steroid use unless they have probable cause to suspect that a servicemember might be abusing steroids.
Probable cause might be established, for example, if a urine sample contains evidence of other illegal drugs or it is otherwise suspected that a servicemember is abusing steroids. In that case, the servicemember’s commander must verify that they have sufficient probable cause and submit a memorandum and DD Form 2624, along with the specimen in question, for further drug testing. Further information on probable cause testing for steroids can be found in the 2 April 2014 memorandum regarding Commander Guidance for Probable Cause Testing for Steroids.
How Long Do Steroids Stay in Your System?
The duration for which steroids remain detectable in the human body varies based on multiple factors. These factors include the specific type of steroid consumed, the dosage and frequency of usage, and the individual’s metabolic rate. Typically, steroids can remain present in the body for a few weeks to several months after use. In addition, different tests (urine, blood, hair) can detect steroids at different rates, with hair being able to go several months back.
The duration of time that steroids remain in the body is influenced by several factors, with one significant factor being the half-life of the drug. The half-life refers to the period it takes for half of the drug to be eliminated from the body. For instance, testosterone, a commonly used steroid, has an approximate half-life of 10 days. Consequently, it may take up to 20 days for testosterone to completely clear.
Additionally, the method of administration can also impact the duration that steroids stay in the body. Steroids that are directly injected into the muscle, like testosterone, tend to remain in the body for longer durations compared to steroids that are taken orally or inhaled.
The duration for which steroids can remain detectable in a person’s system holds significant implications for testing. Due to their ability to persist in the body for several weeks or even months, individuals who have previously used steroids might test positive for the drug, even if they haven’t used it recently. It is crucial for individuals considering military service to be cognizant of the potential risks associated with steroid usage and to refrain from using these substances if they intend to enlist.
Why Is Steroid Use Unlawful in the Military?
Steroid use increases a person’s baseline strength by 5% to 20%. For this reason, those who require sudden bursts of power, such as football players, bodybuilders, and military service members, are known to take steroids.
The military, however, prohibits the use or possession of steroids due to their harmful effects on the human body, which the military believes can compromise physical and mental health, as well as overall well-being. In addition, the military believes that steroid use undermines the principles of fair competition and ethical conduct within the military.
Physical Health Risks
Steroid use can cause various physical health risks, including liver damage, increased levels of bad cholesterol (LDL), elevated blood pressure, and a compromised immune system. Prolonged steroid use can lead to heart problems, such as an increased risk of stroke and heart attack. Moreover, steroid use can negatively impact the endocrine system, resulting in decreased testicle size, reduced sperm production, and overproduction of breast tissue in males (gynecomastia). In females, steroid use can lead to the development of masculine characteristics, such as facial hair growth, baldness, and a deeper voice.
Mental Health Risks
Steroid use also poses mental health risks. Users may experience marked irritability, mood swings, and aggressive behavior, commonly called “roid rage.” Additionally, prolonged steroid use can lead to psychological dependence, addiction, and withdrawal symptoms upon discontinuation. According to the military, these mental health risks can have a profound impact on a servicemember’s overall well-being, relationships, and military performance.
Performance and Ethical Considerations
Apart from the legal and health consequences, steroid use undermines the principles of fair competition and ethical conduct within the military. The use of performance-enhancing substances contradicts the values of integrity, discipline, and honesty that the military believes is essential in service. Steroid use not only compromises individual performance but also erodes trust, both within the military community and with the public.
Bodybuilding Products May Contain Undisclosed Steroids and Lead to False Positives on Drug Testing
Many bodybuilding products contain undisclosed steroids. These products are often labeled as “dietary supplements” and are sold both online and in retail stores. Unfortunately, many of these products are not dietary supplements at all and, instead, contain undisclosed or unproven ingredients and are illegally marketed, unapproved new drugs. The FDA has not reviewed these products for safety, effectiveness, or quality as they are subject to minimal regulation by the U.S. Food and Drug Administration (FDA). Unlike drugs, which undergo extensive clinical research to assess long-term health risks, dietary supplements are regulated more like food and do not require premarket approval from the FDA. Additionally, not all sellers of dietary supplements are registered with the FDA, and even those registered do not undergo regular inspections.
In fact, in a study of 634 dietary supplements from 15 different countries (Geyer and team 2004), 14.8% of supplements showed anabolic steroid concentrations from up to 190 μg/g. Other sources estimate that almost half of testosterone-boosting supplements may contain illegal steroids. Indeed, the FDA specifically warns consumers of the risks of purchasing bodybuilding products due to this rampant issue.
Even if a service member is not intentionally taking steroids, certain ingredients in these supplements can lead to false positive results on military drug tests. Products most likely to trigger positive tests include prohormones, testosterone “boosters,” “designer steroids,” and any substances that are compared to or claim to have similar effects as anabolic steroids.
As a result, military service members are urged to exercise caution when selecting supplements and choosing where to purchase them. Before taking a supplement, be sure to check the DoD Prohibited Dietary Supplement Ingredients list to make sure none of the ingredients in the product you’re considering are on that list! Check out the list at https://www.opss.org/article/introducing-dodi-613006-use-dietary-supplements-dod.
Unfortunately, however, even this list won’t help in the event your product contains undisclosed steroids or other prohibited ingredients. Thus, if you decide to take any dietary supplements, make sure they are well-established products created by trustworthy brands.
Military service members who face false accusations of doping must vigorously challenge them. If you are accused of doping or are under investigation or even facing criminal charges related to anabolic steroids or prohibited substances, it is crucial to seek immediate legal representation from a qualified lawyer.
TIP! Check the Label – To find out if your supplement contains prohibited ingredients, check Operation Supplement Safety (www.opss.org) – the DoD dietary supplement resource containing lists of prohibited substances and other valuable information.
Defenses to Unlawful Steroid Use Charges
Charges involving the unlawful use of steroids can potentially destroy military careers and futures. Thus, you must have an experienced military steroid lawyer carefully review your case to determine which defenses can be raised. It is especially important to hire knowledgeable counsel in the context of steroid charges, as very few attorneys possess the knowledge required to competently represent clients in this area of law.
For example, military steroid lawyer Carl Marrone will carefully review every steroid case to determine:
- Whether the substance at issue is a prohibited substance. Not only does the government need to show that the substance is a controlled substance, but it also needs to submit valid proof of the same, along with certifications concerning testing. Often, these requirements can form the basis of a valid defense. For example, nandrolone is the most common PED/steroid in the military. According to the World Anti-Doping Agency’s (WADA):
“The presence in a urine sample of 19- norandrosterone glucuronide, the main urinary metabolite of nandrolone, is indicative of the use of this prohibited drug. Under certain circumstances 19-NA may be present at low concentrations in samples of human urine for reasons unconnected with doping. To confirm Adverse Analytical Findings (AAFs) for samples containing 19-NA at concentrations between 2 ng/mL and 10 ng/mL, WADA Technical document TD2010NA requires that carbon isotope ratio analysis be performed to demonstrate that the metabolite has not been produced naturally in the urine.”
- Whether you possessed the requisite mens rea or mental capacity, to be considered guilty of the offense. For example, perhaps the prohibited substance you ingested was undisclosed in the product’s ingredient list. A person cannot be convicted of possessing and/or using a controlled substance if they were unaware of its presence, under their control, or of its illegal nature. Knowledge is a very high legal standard. Hence, particularly in cases involving positive drug tests, evidence of unknowing or unintentional ingestion can serve as a viable defense.
- Whether your test result was a false positive or subject to error.
- Whether your possession, use, manufacture, distribution, importation, or exportation of the substance was unlawful. The primary defense in most Article 112a cases is that the use, possession, distribution, etc., be considered “unlawful.” Therefore, if you were using the substance under a legitimate prescription or with some other form of authorization, you may have a valid defense.
Many other possible defenses can be raised as well, depending on the facts of your case.
You can read more about Article 112a in general and possible defenses in our blog titled Article 112a—Wrongful Use, Possession, etc., of Controlled Substances.
PED/Steroid Cases Should Not Be Handled Like Recreational Drug Cases
Although steroid cases fall under Article 112a of the UCMJ, which covers recreational drug use and possession, it is important to note that steroid cases should be treated vastly differently.
Many state or local law enforcement officers, federal agents, prosecutors, and judges lack a thorough understanding of the substances involved, and they also have limited knowledge of the laws they are tasked with enforcing. This lack of expertise can have disastrous consequences for clients when their defense attorneys are similarly uninformed.
One common issue is determining the quantity that indicates an intent to distribute. This problem stems from the extensive experience that those involved in the criminal justice system have with cases involving cocaine and heroin. While anabolic steroids are classified as controlled substances, they differ significantly from these hard drugs, typically purchased and possessed in amounts meant for immediate consumption. On the other hand, individuals using anabolic steroids often purchase and possess much larger quantities to complete a full cycle of use. Even quantities as large as a thousand tablets or numerous vials can still be for personal use. This argument is supported by both medical and bodybuilding literature. However, government officials have frequently treated individuals found with smaller amounts as if they were major drug traffickers.
An additional concern regarding quantity arises when unregulated substances are accidentally included in the mixture. Numerous bodybuilders incorporate a range of supplementary medications, such as anastrozole (Arimidex), clomiphene citrate, tamoxifen, clenbuterol, etc., to amplify positive effects or regulate negative ones. When a diverse array of substances is discovered during a search, it can lead to significant confusion for government officials.
Nationwide Military Steroid Lawyer – Carl Marrone, Esq.
Whether you have knowingly consumed or possessed steroids, were the victim of a false positive, or took supplements you thought were legal only to discover later that they contained steroids, we can help. Carl Marrone of The National Security Law Firm will aggressively defend your steroid charge in the military.
You can read more about Carl Marrone’s impressive legal credentials on his biography page. In addition, it is important to note that, as a college athlete and someone who has associated with professional bodybuilders his whole life, Carl possesses specialized knowledge regarding steroid use and defending against steroid charges in the military.
If you are facing charges related to anabolic steroids or bodybuilding substances, it is crucial to have legal representation from a lawyer who possesses a deep understanding of steroid charges and is committed to advocating for your rights in this specialized legal field. Carl Marrone is a lawyer who genuinely enjoys his work and utilizes his knowledge of both the law and bodybuilding to provide you with a strategic advantage.
Your best chance of defending yourself against steroid charges in the military is to partner with military steroid lawyer Carl Marrone, Esq. of the National Security Law Firm. We also encourage you to read our reviews to see what our clients say about us.
Contact us today for a free consultation at (202) 600-4996.
