Steroid Addiction and New York’s Judicial Diversion Program

New York’s judicial diversion program has been in effect for a almost a year now, having begun in October 2009. The program, explained in CPL Section 216, allows eligible offenders charged with certain drug-possession or drug-trafficking felonies to enroll in drug treatment programs as an alternative to a jail sentence, and possibly have the arrests dismissed and sealed in cases where the programs are successfully completed.

Although arrests and prosecutions are rare in New York state courts, a person can be charged with the Class D felony of Criminal Sale of a Controlled Substance in the Fifth Degree (Penal Law 220.31) for selling steroids, or the Class D felony of Criminal Possession of a Controlled Substance in the Fifth Degree (Penal Law 220.06[1]) for possessing steroids with the intent to sell them. After all, steroids are Schedule II controlled substances. See Public Health Law Section 3306(h). And, judicial diversion is available for people charged with a violation of Penal Law 220.31. Thus, a steroid addict charged with a steroid sale could theoretically be eligible for a judicial diversion treatment program for his steroid addiction.

The idea of a steroid addiction is also well supported by medical literature and recognized by the U.S. Department of Justice and Drug Enforcement Agency. Also, residential treatment facilities for steroid addiction exist in the NYC area. Thus, although we are not necessarily aware of any steroid addicts currently participating in a judicially-monitored diversion program in New York state courts, it seems likely that a steroid addict could, in fact arguably, take advantage of New York’s treatment-minded program for eligible criminal offenders.

If you have any questions about steroids and New York’s judicial diversion program in general, you should contact experienced criminal defense attorneys.