Performance Enhancing Drugs (PED) Criminal Defense – Possession vs. Distribution
Our law firm represents individuals charged with a variety of illegal narcotics and controlled substances including the most common crack cocaine, heroin, PCP, and marijuana. While most of our clients have an unfortunate addiction which started because of an injury or some sort of mental health disorder, there are individuals who take illegal substances for other reasons. Bodybuilders and fitness professionals fall into this category and it’s important to understand that this type of representation requires a unique understanding of these substances, their uses, and protocols (aka cycles). If your criminal defense lawyer fails to recognize these differences, it could mean the difference between a felony or misdemeanor conviction and perhaps even an acquittal! Obviously, your criminal defense lawyer should evaluate all possible pre-trial issues which would include illegal search and seizure issues. A motion to suppress based on an illegal search could lead to all of the charges being dismissed.
Unlike common street drugs like crack cocaine and heroin, anabolic steroids and performance enhancing drugs (PED) are often purchased in larger quantities by individual users who have no intention of selling them but rather following a very “standard steroid cycle.” The length of the cycle and amount of drugs used during varies depending on the user’s goals (i.e. appearance, competition)
I’ve written previous articles, done videos, and made podcasts on the difference between possession and the possession with the intent to distribute or deliver controlled substances. In all of this content I have explained that the prosecution doesn’t always need a large quantity to charge someone with PWID but only needs an observed transaction. In situations where there is not observed transaction the prosecution must present an expert witness who can testify about the circumstances surrounding the arrest to help the prosecution establish, beyond a reasonable doubt, distribution as opposed to simple possession. This is a very important distinction because there is substantial difference between a felony and misdemeanor crime. Also keep in mind that some drug charges in Pennsylvania and New Jersey carry with them mandatory minimum sentencing.
If you’re charged with PWID of anabolic steroids or PEDs in Pennsylvania, it is important that your attorney explain to the prosecution, or to a judge or jury, why you can’t view these drugs in the same manner as other controlled substances. As my good friend and colleague, Rick Collins, Esq. on Long Island New York once said, it isn’t uncommon to find a large quantity of anabolic steroids and PED’s within someone’s possession as most body builders and fitness professional’s understand that most cycles require following a drug protocol for a number of weeks. These protocols require, in some cases, daily intramuscular injections of substances such as testosterone, cypionate, enanthate, and propionate. In addition, common injectable anabolic steroids also include substances such as equipoise (“EQ”), primobolan (“primo”), deca durabolin (“deca”). Common oral steroids include anadrol, anavar, dianabol, and winstrol.
If you are charged with any one of these substances, it is very important that you seek quality and competent counsel. For more information keep reading my blog or contact our office.
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