Legal issues in marketing of anabolic-androgenic steroids
This article provides an insight into the issue of illicit marketing of anabolic-androgenic steroids (AAS) in Poland. This risk attached to this phenomenon is particularly reflected in forensic opinions elaborated by the National Medicines Institute for the Police, prosecutor’s offices, Border Guard and other agencies. The casework opinions concern AAS preparations not admitted to trading in Poland for various reasons, raw materials used in the production process, preparations admitted to trading, yet marketed in breach of the applicable provisions of law, and finally, falsified preparations. The article presents a range of the provisions of law, penalizing illicit marketing of AAS-containing products. The structure of criminal law provisions in Poland does not support the efficient reduction of AAS-containing products unlawfully introduced on the Polish market. As a rule, AAS-containing products are classified as medicinal products subject to medical prescription. The authors discuss the possibilities of applying alternative, more restrictive provisions of the Penal Code and other acts by the Police and prosecutors. For comparison purposes, a U.S. scheme of dealing with AAS marketing phenomenon was presented. The provisions of law in the U.S. are more restrictive as regards AAS, which are regarded as controlled substances equally with narcotics and dealt with by the Drug Enforcement Administration - a government agency responsible for combating drug-related crime.