01-19-2005, 08:19 AM #1
PH stocking, legal issues posted on 1fast
This was a post on 1fast400 I read and thought was good to post here in case any was wondering
The following is taken from the USFA forum and gives a good initial perspective from Rick Collins on the legal implications of the ban as it relates to stocking up.
Posted: Tue Dec 21, 2004 9:43 pm
Here are my thoughts, interspersed with your questions...
Q: Can you address the widespread practice by some people of stocking up on several years worth of prohormones? From a legal point of view...how dangerous is it for people to be doing this?
A: There's no crime in doing it. However, after January 20, possessing the newly controlled products will be a violation of federal criminal law (although that apparently isn't stopping folks, according to the front page of today's USA Today).
Q: Do you expect to see, after the ban, a string of "regular people" who happened to get caught with a stash of prohormones that they stocked up being arrested?
A: No one can say. I doubt even the DEA has decided how to handle the situation. Remember that for now, though, the products are controlled only at the federal level (with very limited exceptions). If the products aren't scheduled in state courts, they can only be dealt with as a controlled substance crime in federal court. Until states begin to schedule them, local and state authorities will have extremely limited interest in going after them.
Q: Can the DEA or whatever government authorities subpoena the records of supplement retailers to try to find out who was buying large amounts of prohormones before the ban?
A: Possibly, although it is unknown whether it would be viewed as an immediate priority. Using such records a few months from now as a basis for a warrant could have serious problems as to timeliness. Further, be aware that although the federal government can technically prosecute possession of any amount of a controlled substance, until the U.S. Sentencing Commission reevaluates the federal sentencing guidelines (which it has been commanded to do by Congress), you'd still need 12,500 prohormone tablets just to reach a Base Offense Level of 8 (0 to 6 months imprisonment, with straight probation available if a generally clean record), and 50,000 prohormone tablets just to reach a Base Offense Level of 10 (facing at most 6 to 12 months imprisonment if a generally clean record) in the guidelines.
Q: How likely is it for someone who has a few hundred grams of something like 4AD sitting in there fridge to be arrested?
A: There are too many variables to answer that. Stastically, though, most people who have been arrested for anabolic steroids got caught during the process of RECEIVING the drug, not after they had it in their house.
USFA General Counsel
01-19-2005, 06:35 PM #2
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