When Congress bootstrapped anabolic steroids into the Controlled Substances Act by passing the Anabolic Steroid Control Act of 1990, steroids were already covered under 21 USC § 333(e), a part of the Food, Drug, and Cosmetic Act. That law, passed in 1988, made it a felony to distribute steroids (without criminalizing their personal use). When the Control Act effectively took steroids out of that section, Congress filled the void by sticking hGH in there. So, while hGH is not scheduled, 21 USC § 333(e) prohibits the distribution or possession with intent to distribute hGH for any use in humans other than for recognized medical reasons and pursuant to a valid prescription. Violations may be punishable by imprisonment of up to 5 years (10 years if to a person under 18 years).

Of course, all this pertains only to federal law. The individual states are free to pass their own laws about hGH, and many have. Idaho, Oregon, Rhode Island, and West Virginia have all scheduled hGH. Colorado makes hGH a schedule III controlled substance by including it in the definition of "anabolic steroid," and curiously making its use a misdemeanor but its possession a felony. Illinois doesn't schedule it, but makes its non-medical distribution a felony. Minnesota controls "anabolic substances" in its Schedule IV, and includes the vaguely described "growth hormones." In Maine and Massachusetts, all prescription drugs are controlled substances.

Well, I wouldn't say he did NOTHING wrong. It was very slightly wrong and probably not the equivalent of bumping yourself off of Santa's "Nice" list, but "nothing" would be that he never took HGH. (semantics)

But Clemens is guilty as hell.