Recently, I discussed a potential strategy for the reformation of steroid laws that has been used by drug law reformers seeking to legalizing other scheduled drugs like marijuana. In sum, instead of arguing that steroids are relatively benign drugs whose side effects have been grossly exaggerated, efforts towards reform should focus on arguing that “legalization is safer than prohibition.”
I received an email from attorney Philip Sweitzer, Esq. who strongly disagreed with this approach:
The problem with this approach is that it fails to take into account the widely disparate constitutional differences between steroids and hallucinogens/opiates, making them all part of the same “legalization” regime. Steroids should be legalized, specifically because their profile for addictive abuse is ZERO. This argument plays right into the hands of the prohibitionists, by making one issue (steroids) the same as the other (addictive opiates and non-addictive hallucinogens.) We have to get out of the “one drug is the same as any other drug” mindset, in developing public policy on drugs.
He agrees that prohibition isn’t effective, but we should never forget that anabolic steroids do not meet the traditional Control Substances Act criteria for scheduling and should never be lumped together with other Schedule III substances.
I agree with the “prohibition just doesn’t work anyway,” idea and the concept that incarceration as a tool of prohibition is a waste of tax payer money. But framing the argument around other Schedule III drugs I think buys into the notion that AAS belong there – AAS need to be OFF Schedule III.
I think he is right. While prohibition may represent bad public policy and legalization/regulation would be a better alternative, the circumstances surrounding the scheduling of anabolic-androgenic steroids are unique and deserve to be evaluated independently.
Steroid law reformers should primarily focus on repealing the Anabolic Steroid Control Act and removing them from the list of controlled substances. Regardless of feelings regarding the Controlled Substances Act and prohibition, anabolic steroids do not belong there. We should not cede this point.
About the author
Millard writes about anabolic steroids and performance enhancing drugs and their use and impact in sport and society. He discusses the medical and non-medical uses of anabolic-androgenic steroids while advocating a harm reduction approach to steroid education.
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