In Victoria, and across Australia, possessing or trafficking anabolic steroids is illegal without a prescription or legal authority. This article covers the legalities, penalties, and some of the risks associated with anabolic steroids.
Are you facing steroid charges?
If you have been charged in relation to the use, possession or trafficking of anabolic steroids or another drug of dependence, please contact an experienced drug charges lawyer. Dribbin & Brown Criminal Lawyers can assist you in understanding the charges and your options and guide you through the legal process.
Important questions to consider with your lawyer include:
- Can the prosecution make out their case?
- What kind of substances did you possess or use?
- Did the possession relate to trafficking in a drug of dependence?
- Did you act alone?
- What was your role?
- Are there defences available to you?
What are anabolic steroids?
Anabolic steroids (also known as anabolic-androgenic steroids) are a group of synthetic drugs that imitate the effects of the naturally occurring hormone testosterone.
Anabolic steroids work by activating androgen receptors and are indicated for certain conditions, such as male hypogonadism and certain types of breast cancer. However, misuse of anabolic steroids is common by those seeking to benefit from the performance-enhancing qualities, such as increasing muscle mass and decreased recovery time following injury.
Legal status of anabolic steroids in Victoria
In Victoria, the Drugs, Poisons and Controlled Substances Act 1981 (Vic) (the DPCSA) establishes multiple offences relating to the possession, use, manufacture and trafficking of drugs of dependence. As ‘anabolic and androgenic steroidal agents’ are considered a drug of dependence under the DPSCA, the unauthorised use of anabolic steroids is illegal.
Drugs of dependence are defined in section 4 of the DPCSA, with an exhaustive list of substances and their derivations listed in Schedule 11. For offences relating to the use of anabolic androgenic steroids, this definition applies whether anabolic steroids are taken orally, topically, or through injection.
Some common types of steroids captured by this definition in the DPCSA include:
- Oxymetholone (Anadrol)
- Methandienone (Dianabol)
- Stanozolol (Winstrol)
- Oxandrolone (Anavar)
- Nandrolone (Deca-Durabolin)
- Trenbolone (Finajet)
- Boldenone (Equipoise)
If you have been charged with an offence, it is important to know your rights and the legal implications. Depending on the amount of and purpose of anabolic steroids in possession, these charges may carry a term of imprisonment.
What are the offences related to steroids?
Generally, there are three charges that can be brought in relation to drugs of dependence such as anabolic steroids: use, possession, and trafficking. For each offence, the prosecution must first be able to prove that the substance in question is an anabolic and androgenic steroidal agent and is, therefore, a drug of dependence.
Use of anabolic steroids
Using anabolic steroids is an offence under section 75 of the DPCSA. The maximum penalty for this offence is 30 penalty units or 1 year imprisonment.
To convict a person for using steroids, the prosecution is required to prove that the accused used or attempted to use the steroids in question. This is defined in section 70(1) of the DPCSA as the smoking, inhalation, or other means of introducing the drug of dependence into the body of the accused.
For more information, please refer to our article on ‘use of a drug of dependence‘.
Possession of anabolic steroids
The offence for possession of steroids exists in section 73 of the DPCSA which states: ‘A person who without being authorised or licensed under this Act…has or attempts to have in his possession a drug of dependence, is guilty of an indictable offence.’
As stated above, anabolic steroids are listed as a drug of dependence in Schedule 11 of the DPCSA.
What is possession?
The prosecution is required to prove that the accused possessed or attempted to possess the anabolic steroids in question. This element can be satisfied in two ways:
- Possession can be ‘deemed’ for the purposes of the DPSCA if one of a number of factors (outlined under section 5) is present, including whether the steroids were upon any land occupied by the accused or if the accused used, enjoyed or controlled the steroids. If possession is deemed, the burden shifts to the accused to prove that they did not possess the steroids.
- Common law possession requires the prosecution to prove that the accused exercised custody and control over the steroids and that they intended to do so. For more information, please refer to our article on possession.
Trafficking anabolic steroids
The offences for trafficking steroids are contained in s71AA, s71AB, and s71AC of the DPCSA. Each of the trafficking offences requires the prosecution to prove that the accused intentionally trafficked or attempted to traffick anabolic steroids.
‘Trafficking’ is defined in s 70(1) of the DPCSA, to include preparing steroids for trafficking, manufacturing steroids or selling, exchanging, agreeing to sell, offering for sale or having in possession for sale, a drug of dependence. Trafficking may also be defined at common law, known as Giretti Trafficking (R v Giretti (1986) 24 A Crim R 112).
Though these offences in the DPCSA do not specifically outline intention as a requirement for the prosecution to prove, it has been presumed in common law (He Kaw Teh v The Queen). This means that the prosecution is required to prove that the accused intended to commit the offence—it is not enough that they happened to do it without knowing of the steroid’s existence. However, knowledge of the steroid’s existence is sufficient and can be used to infer intent (Bahri Kural v The Queen).
Other than the base offence under section 71AC, each offence has additional requirements for the prosecution to prove in relation to quantity.
The following table details the quantity amounts for anabolic and androgenic steroidal agents as defined in Schedule 11 of the DPCSA:
| Commercial Quantity of Steroids | Commercial Quantity of Steroids Mixture | Trafficable Quantity of Steroids Mixture | Automatic Forfeiture Quantity of Steroids | Small Quantity of Steroids |
| 5.0 Kg | 5.0 Kg | 300 g | 500 g | 50 g |
Additionally, under section 73(2), should the accused possess a traffickable quantity, this possession is prima facie evidence of trafficking and can be used to establish the offence.
For more information on each particular offence, please refer to the following articles:
- Section 71AA – Trafficking in a Drug or Drugs of Dependence – Commercial Quantity
- Section 71AB – Trafficking in a Drug of Dependence to a Child
- Section 71AC – Trafficking in a Drug of Dependence
What are the penalties for steroid offences?
In Victoria, dealing with anabolic and androgenic steroidal agents is a criminal offence, with maximum penalties depending on the classification of the quantity involved. In considering your specific case, it is important to keep in mind the particular offence charged.
As defined in Schedule 11 of the DPCSA, 50g of an anabolic and androgenic steroidal agent is considered a ‘small quantity’, with a traffickable quantity being 500g and a commercial quantity being 5kg.
Please also note that these are maximum penalties and are not an indication of the actual sentence likely to be received; if you want more detailed advice, please talk to one of our criminal defence lawyers.
Maximum penalties for possessing anabolic steroids
Possession of anabolic steroids without a prescription for personal use is subject to a maximum penalty of one year imprisonment and/or a fine of 30 penalty units (DPCSA s73(1)(b)).
Possession of anabolic steroids for the purpose of trafficking is subject to a maximum penalty of five years imprisonment and/or a fine of 400 penalty units (DPCSA s73(1)(c)).
Maximum penalties for trafficking anabolic steroids
Under the offence for trafficking or attempting to traffick anabolic and androgenic steroidal agents, a maximum penalty of 15 years imprisonment is applicable (DPCSA s71AC(1)). If the offending conduct occurs at a school or in a public place within 500 metres of a school, the maximum penalty is 20 years imprisonment (DPCSA s71AC(2)).
If the amount of the anabolic steroid is not less than the commercial quantity of 5kg, a maximum penalty of 25 years imprisonment is applicable (DPCSA s71AA(1)). If the trafficking of anabolic steroids in a commercial quantity is for the benefit of or at the direction of a criminal organisation, a maximum penalty of life imprisonment and 5000 penalty units applies (DPCSA s71AA(2)).
These harsh penalties aim to curb the distribution of anabolic steroids and reduce their availability on the black market. The legal system targets both users and suppliers to tackle anabolic steroid misuse. Athletes who fail anabolic steroid drug tests may face additional consequences, including bans from competitions and forfeiture of awards.
What defences are available?
Each offence outlined in the DPCSA details that the offence only arises if the individual is unauthorised. Possessing the necessary authority or license permits the use, possession, and movement of a given steroid. This authority includes, for example:
- Medical professionals and pharmacists who possess the license to possess and sell steroids for medical purposes;
- Individuals who have a prescription for the steroid in question, provided by a medical professional, which permits its use and possession; and
- Individuals assisting those with a legitimate prescription, permitting their possession but not use.
Anabolic steroids: prescription vs illegal Use
Anabolic steroids are legally allowed for medical purposes but require a prescription. Doctors prescribe these drugs for conditions like low testosterone and certain types of cancer. Under medical supervision, anabolic steroids can effectively treat specific health issues.
Despite their legitimate medical uses, anabolic steroids are often misused for non-medical reasons. Many individuals use these substances as performance-enhancing drugs to improve athletic performance, physical appearance, or body image. This illicit use can lead to serious legal and health consequences.
Consulting a doctor before using anabolic steroids ensures safe and legal use. A valid prescription from a healthcare professional helps avoid the legal issues associated with illicit drug use. Doctors can provide guidance on the appropriate dosage, potential side effects, and the medical necessity of anabolic steroids, ensuring their use is both safe and justified.
Why people misuse anabolic steroids
The misuse of anabolic steroids is often driven by the desire for aesthetic and performance enhancements. Individuals may use these substances to improve their physical performance, gain muscle mass, or enhance their overall appearance. Anabolic steroids increase the promise of bold results, leading many to misuse anabolic steroids despite the known risks.
Athletes frequently misuse anabolic steroids to gain a competitive edge. The pressure to perform at higher levels can push athletes to seek performance-enhancing drugs. Similarly, young people may misuse steroids to improve their body image and reduce body fat. A distorted body image or dissatisfaction with one’s physique can drive individuals to use these substances in an attempt to achieve muscle growth and their ideal physical form.
The misuse of anabolic steroids is not limited to professional athletes; it occurs among various age groups and demographics. The perception of anabolic steroids as a quick fix for fitness and health significantly contributes to their misuse.
Side effects of anabolic steroids
The misuse of anabolic steroids can lead to serious health complications, including cardiovascular issues, liver diseases, high blood pressure, and damage to reproductive organs. These substances can significantly impact the body’s internal systems, leading to long-term health problems.
Psychological side effects are also a major concern with anabolic steroid misuse. Users may experience severe mood swings, aggression, and feelings of paranoia. These psychological effects can be as debilitating as the physical ones, affecting the user’s quality of life and relationships.
Withdrawal from anabolic steroids can lead to a range of symptoms, including cravings and dissatisfaction with body image. The psychological dependency on steroids can make cessation challenging, with users experiencing acute and chronic withdrawal symptoms.
Addiction and withdrawal symptoms
Anabolic steroids are considered addictive due to their psychological and physical effects. The potential for dependency is linked to the enhanced confidence and self-esteem users often experience. This psychological reliance can make it difficult for users to stop, even in the face of negative health consequences. Withdrawal symptoms can vary based on the duration and dosage of anabolic steroid use. The longer and higher the dose, the more severe the withdrawal symptoms are likely to be.
If you think you’re addicted to anabolic steroids, seeking help from a GP is a crucial first step. If needed, a GP can refer you to a drugs counsellor. This counsellor will have specialized training to assist you. Treatment for anabolic steroid addiction is similar to treatment for other addictive substances, often involving counselling and support.
Support services for steroid misuse are available through organizations like the Alcohol and Drug Foundation. You can also reach out to the National Alcohol and Other Drug Hotline for advice on substance misuse.
Summary
In summary, the legal status of anabolic steroids is stringent due to their high potential for abuse and significant health risks. While they can be used legally for medical purposes, their misuse can lead to severe legal and health consequences. Understanding the difference between prescribed and illicit use, the penalties for possession and distribution, and the reasons behind misuse is crucial for making informed decisions.
The health risks associated with anabolic steroids, including addiction, withdrawal symptoms, and the dangers of sharing needles, are substantial. However, help is available for those struggling with steroid misuse, and seeking professional advice and support is essential for recovery. By being informed and cautious, you can navigate the complexities of anabolic steroids and their impact on health and legality.
