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The Reducing Americans' Vulnerability to Ecstasy Act, commonly known as the RAVE Act, was a bill proposed in the United States Senate during the 107th Congress. A substantially similar law, the Illicit Drug Anti-Proliferation Act was passed during the 108th Congress on April 30, 2003.

Contents

Legislative history

The bill was sponsored by Senator Joseph Biden, along with cosponsors Chuck Grassley, Orrin Hatch, Joseph Lieberman, Strom Thurmond, Patrick Leahy and Richard Durbin.[1] The bill was referred to the Senate Committee on the Judiciary on June 18, 2002. June 27, 2002 it was reported out of the committee without written comment or amendment and placed on the Senate Legislative Calendar. On October 10, 2002, Senator Biden provided introductory remarks on the bill before the Senate.

This bill was introduced to the Senate again on January 7, 2003 by Senator Thomas Daschle[SD] with co-sponsors; Senator Joseph Biden Jr. [D-DE], Senator Hillary Rodham Clinton [D-NY,] Senator Jon Corzine [D-NJ], Senator Mark Dayton [D-MN] Senator Richard Durbin [D-IL], Senator Edward Kennedy [D-MA], Senator Patrick Leahy [D-VT], Senator Patty Murray [D-WA], Senator Jack Reed [D-RI], Senator Charles Schumer [D-NY]. This bill also failed to pass. [1]

On Thursday (April 10, 2003) the Senate and House passed [2] the Illicit Drug Anti-Proliferation Act (formerly known as the RAVE Act) as an attachment to the child abduction-related Amber Alert Bill. The language of the original act was changed slightly before the bill was passed without public hearing, debate or a vote.

Purpose of the Act

The stated purpose of the Act was: "A bill to prohibit an individual from knowingly opening, maintaining, managing, controlling, renting, leasing, making available for use, or profiting from any place for the purpose of manufacturing, distributing, or using any controlled substance, and for other purpose."[2]

Substantive law changes of the Act

The Act would have modified section 416(a) of the Controlled Substances Act (codified at United States Code, 21 U.S.C. § 856(a) to expand the section regarding "Establishment of manufacturing operations", which previously outlawed maintaining, managing or owning any place used to manufacture, distribute or use drugs to include temporary or permanent uses of the premises.[2]

The Act also would have created a civil penalty of $250,000 or "2 times the gross receipts, either known or estimated, that were derived from each violation that is attributable to the person.", whichever was greater.[2] Additionally, the Act recommended that the United States Sentencing Commission reconsider the then-current Federal sentencing guidelines with respect to offenses involving Gamma-Hydroxybutyric acid, commonly known as a date rape drug.[2]

Public commentary on the Act

Most of the public commentary regarding the RAVE Act centered on the prologue section of the bill titled "Findings."[3] Such sections do not create new substantive law and serve only as guidance to the judiciary in interpreting the law and the executive in enforcing the law. Among the items listed in the "Findings" section include statements regarding rave promoters providing "chill rooms" and bottled water for large fees, where participants can go and cool down from the body-temperature-raising effects of ecstasy; and selling "neon glow sticks; massage oils; menthol nasal inhalers; and pacifiers that are used to combat the involuntary teeth clenching associated with ecstasy."[2]

Specifically, many were concerned that these expansive definitions might permit the police to arrest and charge concert promoters under this law so long as glow sticks and bottled water were present.[4] Congress was also accused of picking an easy, public target so as to continue support for the War on Drugs.[3] Others were concerned that too much responsibility would be placed on concert promoters to police their patrons.[5] Also, many were concerned that their First Amendment right to freedom of assembly would be violated were the law enacted.[6]

See also

References

  1. ^ Patrick Leahy and Richard Durbin withdrew their sponsorship of the bill in September 2002.
  2. ^ a b c d e See text of statute.
  3. ^ a b "Raving Lunacy". Fox News. July 25, 2002. http://www.foxnews.com/story/0,2933,58663,00.html.  
  4. ^ "RAVE Act: RIP Live Electronic Music", Kuro5hin.org, July 7, 2002
  5. ^ "Chemical Warfare: The RAVE Act", AlterNet, October 8, 2002
  6. ^ http://www.law.indiana.edu

Source material

Up to date as of January 22, 2010

From Wikisource

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RAVE Act
by United States Congress
The Reducing Americans' Vulnerability to Ecstacy Act, commonly known as the RAVE Act, was a bill proposed in the United States Senate during the 107th Congress to address the increasing use of the drug. A substantially similar proposal, the Illicit Drug Anti-Proliferation Act of 2003, incorporated most of the language found in the RAVE Act early in the next session of Congress, the 108th. That revision passed both chambers and was Enacted into law on April 30, 2003.Excerpted from Reducing Americans' Vulnerability to Ecstasy Act on Wikipedia, the free encyclopedia.

RAVE Act (Introduced in Senate)

S. 2633

107th CONGRESS

2d Session

S. 2633: Mr. BIDEN (for himself and Mr. GRASSLEY) introduced the following bill; which was read twice and referred to the Committee on the Judiciary


Contents

A BILL

To prohibit an individual from knowingly opening, maintaining, managing, controlling, renting, leasing, making available for use, or profiting from any place for the purpose of manufacturing, distributing, or using any controlled substance, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the 'Reducing Americans' Vulnerability to Ecstasy Act of 2002' or the 'RAVE Act'.

SEC. 2. FINDINGS.

Congress finds the following: (1) Each year tens of thousands of young people are initiated into the drug culture at 'rave' parties or events (all-night, alcohol-free dance parties typically featuring loud, pounding dance music). (2) Some raves are held in dance clubs with only a handful of people in attendance. Other raves are held at temporary venues such as warehouses, open fields, or empty buildings, with tens of thousands of people present. (3) The trafficking and use of 'club drugs', including 3, 4-Methylenedioxymethamphetamine (Ecstasy or MDMA), Ketamine hydrochloride (Ketamine), Flunitrazepam (Rohypnol), and Gamma hydroxybutyrate (GHB), is deeply embedded in the rave culture. (4) Many rave promoters go to great lengths to try to portray their events as alcohol-free parties that are safe places for young adults to go to dance with friends, and some even go so far as to hire off-duty, uniformed police officers to patrol outside of the venue to give parents the impression that the event is safe. (5) Despite such efforts to convince parents that raves are safe, promotional flyers with slang terms for Ecstasy or pictures of Ecstasy pills send the opposite message to teenagers, and in effect promote Ecstasy along with the rave. According to the National Drug Intelligence Center, raves have become little more than a way to exploit American youth. (6) Because rave promoters know that Ecstasy causes the body temperature in a user to rise and as a result causes the user to become very thirsty, many rave promoters facilitate and profit from flagrant drug use at rave parties or events by selling over-priced bottles of water and charging entrance fees to 'chill-rooms' where users can cool down. (7) To enhance the effects of the drugs that patrons have ingested, rave promoters sell-- (A) neon glow sticks; (B) massage oils; (C) menthol nasal inhalers; and (D) pacifiers that are used to combat the involuntary teeth clenching associated with Ecstasy. (8) Ecstasy is the most popular of the club drugs associated with raves. Thousands of teenagers are treated for overdoses and Ecstasy-related health problems in emergency rooms each year. The Drug Abuse Warning Network reports that Ecstasy mentions in emergency visits grew 1,040 percent between 1994 and 1999. (9) Ecstasy damages neurons in the brain which contain serotonin, the chemical responsible for mood, sleeping and eating habits, thinking processes, aggressive behavior, sexual function, and sensitivity to pain. According to the National Institute on Drug Abuse, this can lead to long-term brain damage that is still evident 6 to 7 years after Ecstasy use. (10) An Ecstasy overdose is characterized by an increased heart rate, hypertension, renal failure, visual hallucinations, and overheating of the body (some Ecstasy deaths have occurred after the core body temperature of the user goes as high as 110 degrees, causing all major organ systems to shutdown and muscles to breakdown), and may cause heart attacks, strokes, and seizures.

SEC. 3. OFFENSES.

(a) IN GENERAL- Section 416(a) of the Controlled Substances Act (21 U.S.C. 856(a)) is amended-- (1) in paragraph (1), by striking 'open or maintain any place' and inserting 'open, lease, rent, use, or maintain any place, whether permanently or temporarily,'; and (2) by striking paragraph (2) and inserting the following: '(2) manage or control any place, whether permanently or temporarily, either as an owner, lessee, agent, employee, occupant, or mortgagee, and knowingly and intentionally rent, lease, profit from, or make available for use, with or without compensation, the place for the purpose of unlawfully manufacturing, storing, distributing, or using a controlled substance.'. (b) TECHNICAL AMENDMENT- The heading to section 416 of the Controlled Substances Act (21 U.S.C. 856) is amended to read as follows: 'SEC. 416. MAINTAINING DRUG-INVOLVED PREMISES.'. (c) CONFORMING AMENDMENT- The table of contents to title II of the Comprehensive Drug Abuse and Prevention Act of 1970 is amended by striking the item relating to section 416 and inserting the following: 'Sec. 416. Maintaining drug-involved premises.'.

SEC. 4. CIVIL PENALTY AND EQUITABLE RELIEF FOR MAINTAINING DRUG-INVOLVED PREMISES.

Section 416 of the Controlled Substances Act (21 U.S.C. 856) is amended by adding at the end the following: '(d)(1) Any person who violates subsection (a) shall be subject to a civil penalty of not more than the greater of-- '(A) $250,000; or '(B) 2 times the gross receipts, either known or estimated, that were derived from each violation that is attributable to the person. '(2) If a civil penalty is calculated under paragraph (1)(B), and there is more than 1 defendant, the court may apportion the penalty between multiple violators, but each violator shall be jointly and severally liable for the civil penalty under this subsection.

'(e) Any person who violates subsection (a) shall be subject to declaratory and injunctive remedies as set forth in section 403(f).'.

SEC. 5. DECLARATORY AND INJUNCTIVE REMEDIES.

Section 403(f)(1) of the Controlled Substances Act (21 U.S.C. 843(f)(1)) is amended by striking 'this section or section 402' and inserting 'this section, section 402, or 416'.

SEC. 6. SENTENCING COMMISSION GUIDELINES.

The United States Sentencing Commission shall-- (1) review the Federal sentencing guidelines with respect to offenses involving gamma hydroxybutyric acid (GHB); (2) consider amending the Federal sentencing guidelines to provide for increased penalties such that those penalties reflect the seriousness of offenses involving GHB and the need to deter them; and (3) take any other action the Commission considers necessary to carry out this section.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS FOR A DEMAND REDUCTION COORDINATOR.

There is authorized to be appropriated $5,900,000 to the Drug Enforcement Administration of the Department of Justice for the hiring of a special agent in each State to serve as a Demand Reduction Coordinator.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS FOR DRUG EDUCATION.

There is authorized to be appropriated such sums as necessary to the Drug Enforcement Administration of the Department of Justice to educate youth, parents, and other interested adults about the drugs associated with raves.(TMH)








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