Reducing Americans' Vulnerability to Ecstasy Act
Encyclopedia
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.
, Orrin Hatch
, Joseph Lieberman, Strom Thurmond
, Patrick Leahy
and Richard Durbin. 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. http://www.emdef.org/s22/
On Thursday (April 10, 2003) the Senate and House passed http://www.emdef.org/s226/ 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.
, and for other purpose."
(also known as the "crackhouse law" and codified at United States Code
) 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.
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. 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
.
section of the bill titled "Findings." 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."
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. Congress was also accused of picking an easy, public target so as to continue support for the War on Drugs
. Others were concerned that too much responsibility would be placed on concert promoters to police their patrons. Also, many were concerned that their First Amendment
right to freedom of assembly
would be violated were the law enacted.
Bill (proposed law)
A bill is a proposed law under consideration by a legislature. A bill does not become law until it is passed by the legislature and, in most cases, approved by the executive. Once a bill has been enacted into law, it is called an act or a statute....
proposed in the United States Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
during the 107th Congress
107th United States Congress
The One Hundred Seventh United States Congress was a meeting of the legislative branch of the United States federal government, composed of the United States Senate and the United States House of Representatives. It met in Washington, D.C. from January 3, 2001 to January 3, 2003, during the final...
. A substantially similar law, the Illicit Drug Anti-Proliferation Act
Illicit Drug Anti-Proliferation Act
The Illicit Drug Anti-Proliferation Act of 2003 is a United States federal law enacted as a rider within the PROTECT Act on April 30, 2003. A substantially similar Act was proposed during the previous Congress as the Reducing Americans' Vulnerability to Ecstasy Act .-Legislative history:The RAVE...
was passed during the 108th Congress
108th United States Congress
The One Hundred Eighth United States Congress was the legislative branch of the United States federal government, composed of the United States Senate and the United States House of Representatives from January 3, 2003 to January 3, 2005, during the third and fourth years of George W. Bush's...
on April 30, 2003.
Legislative history
The bill was sponsored by Senator Joseph Biden, along with cosponsors Chuck GrassleyChuck Grassley
Charles Ernest "Chuck" Grassley is the senior United States Senator from Iowa . A member of Republican Party, he previously served in the served in the United States House of Representatives and the Iowa state legislature...
, Orrin Hatch
Orrin Hatch
Orrin Grant Hatch is the senior United States Senator for Utah and is a member of the Republican Party. Hatch served as the chairman or ranking member of the Senate Judiciary Committee from 1993 to 2005...
, Joseph Lieberman, Strom Thurmond
Strom Thurmond
James Strom Thurmond was an American politician who served as a United States Senator. He also ran for the Presidency of the United States in 1948 as the segregationist States Rights Democratic Party candidate, receiving 2.4% of the popular vote and 39 electoral votes...
, Patrick Leahy
Patrick Leahy
Patrick Joseph Leahy is the senior United States Senator from Vermont and member of the Democratic Party. He is the first and only elected Democratic United States Senator in Vermont's history. He is the chairman of the Senate Judiciary Committee. Leahy is the second most senior U.S. Senator,...
and Richard Durbin. 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
Hillary Rodham Clinton
Hillary Diane Rodham Clinton is the 67th United States Secretary of State, serving in the administration of President Barack Obama. She was a United States Senator for New York from 2001 to 2009. As the wife of the 42nd President of the United States, Bill Clinton, she was the First Lady of the...
[D-NY,] Senator Jon Corzine
Jon Corzine
Jon Stevens Corzine is the former CEO of Goldman Sachs and of MF Global, and a one time American politician, who served as the 54th Governor of New Jersey from 2006 to 2010. A Democrat, Corzine served five years of a six-year U.S. Senate term representing New Jersey before being elected Governor...
[D-NJ], Senator Mark Dayton
Mark Dayton
Mark Brandt Dayton is an American politician, the 40th and current Governor of the state of Minnesota. Dayton previously served as United States Senator from Minnesota from 2001 to 2007 in the 107th, 108th, and 109th Congresses...
[D-MN] Senator Richard Durbin [D-IL], Senator Edward Kennedy
Ted Kennedy
Edward Moore "Ted" Kennedy was a United States Senator from Massachusetts and a member of the Democratic Party. Serving almost 47 years, he was the second most senior member of the Senate when he died and is the fourth-longest-serving senator in United States history...
[D-MA], Senator Patrick Leahy
Patrick Leahy
Patrick Joseph Leahy is the senior United States Senator from Vermont and member of the Democratic Party. He is the first and only elected Democratic United States Senator in Vermont's history. He is the chairman of the Senate Judiciary Committee. Leahy is the second most senior U.S. Senator,...
[D-VT], Senator Patty Murray
Patty Murray
Patricia Lynn "Patty" Murray is the senior United States Senator from Washington and a member of the Democratic Party. Murray was first elected to the Senate in 1992, becoming Washington's first female senator...
[D-WA], Senator Jack Reed [D-RI], Senator Charles Schumer
Charles Schumer
Charles Ellis "Chuck" Schumer is the senior United States Senator from New York and a member of the Democratic Party. First elected in 1998, he defeated three-term Republican incumbent Al D'Amato by a margin of 55%–44%. He was easily re-elected in 2004 by a margin of 71%–24% and in 2010 by a...
[D-NY]. This bill also failed to pass. http://www.emdef.org/s22/
On Thursday (April 10, 2003) the Senate and House passed http://www.emdef.org/s226/ the Illicit Drug Anti-Proliferation Act
Illicit Drug Anti-Proliferation Act
The Illicit Drug Anti-Proliferation Act of 2003 is a United States federal law enacted as a rider within the PROTECT Act on April 30, 2003. A substantially similar Act was proposed during the previous Congress as the Reducing Americans' Vulnerability to Ecstasy Act .-Legislative history:The RAVE...
(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 substanceControlled substance
A controlled substance is generally a drug or chemical whose manufacture, possession, or use are regulated by a government. This may include illegal drugs and prescription medications ....
, and for other purpose."
Substantive law changes of the Act
The Act would have modified section 416(a) of the Controlled Substances ActControlled Substances Act
The Controlled Substances Act was enacted into law by the Congress of the United States as Title II of the Comprehensive Drug Abuse Prevention and Control Act of 1970. The CSA is the federal U.S. drug policy under which the manufacture, importation, possession, use and distribution of certain...
(also known as the "crackhouse law" and codified at United States Code
United States Code
The Code of Laws of the United States of America is a compilation and codification of the general and permanent federal laws of the United States...
) 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.
The Act also would have created a civil penalty
Civil penalty
A civil penalty or civil fine is a term used to describe when a state entity, government agency, or private party seeks monetary relief against an individual as restitution for wrongdoing by the individual. The wrongdoing is typically defined by a codification of legislation, regulations, and decrees...
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. Additionally, the Act recommended that the United States Sentencing Commission
United States Sentencing Commission
The United States Sentencing Commission is an independent agency of the judicial branch of the federal government of the United States. It is responsible for articulating the sentencing guidelines for the United States federal courts...
reconsider the then-current Federal sentencing guidelines with respect to offenses involving Gamma-Hydroxybutyric acid
Gamma-Hydroxybutyric acid
γ-Hydroxybutyric acid , also known as 4-hydroxybutanoic acid and sodium oxybate when used for medicinal purposes, is a naturally occurring substance found in the central nervous system, wine, beef, small citrus fruits, and almost all animals in small amounts. It is also categorized as an illegal...
, commonly known as a date rape drug
Date rape drug
A date rape drug is any drug that can be used to assist in the execution of a sexual assault, such as date rape. Drugs used to facilitate rape may have sedative, hypnotic, dissociative, and/or amnesiac effects, and can be added to a food or drink without the victim's knowledge.The act of adding...
.
Public commentary on the Act
Most of the public commentary regarding the RAVE Act centered on the prologuePrologue
A prologue is an opening to a story that establishes the setting and gives background details, often some earlier story that ties into the main one, and other miscellaneous information. The Greek prologos included the modern meaning of prologue, but was of wider significance...
section of the bill titled "Findings." Such sections do not create new substantive law
Substantive law
Substantive law is the statutory or written law that defines rights and duties, such as crimes and punishments , civil rights and responsibilities in civil law. It is codified in legislated statutes or can be enacted through the initiative process.Substantive law stands in contrast to procedural...
and serve only as guidance to the judiciary
Judiciary
The judiciary is the system of courts that interprets and applies the law in the name of the state. The judiciary also provides a mechanism for the resolution of disputes...
in interpreting the law
Judicial interpretation
Judicial interpretation is a theory or mode of thought that explains how the judiciary should interpret the law, particularly constitutional documents and legislation...
and the executive
Executive (government)
Executive branch of Government is the part of government that has sole authority and responsibility for the daily administration of the state bureaucracy. The division of power into separate branches of government is central to the idea of the separation of powers.In many countries, the term...
in enforcing the law
Code Enforcement
Code enforcement, sometimes encompassing law enforcement, is the act of enforcing a set of rules, principles, or laws and insuring observance of a system of norms or customs. An authority usually enforces a civil code, a set of rules, or a body of laws and compel those subject to their authority...
. Among the items listed in the "Findings" section include statements regarding rave
Rave
Rave, rave dance, and rave party are parties that originated mostly from acid house parties, which featured fast-paced electronic music and light shows. At these parties people dance and socialize to dance music played by disc jockeys and occasionally live performers...
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."
Specifically, many were concerned that these expansive definitions might permit the police to arrest
Arrest
An arrest is the act of depriving a person of his or her liberty usually in relation to the purported investigation and prevention of crime and presenting into the criminal justice system or harm to oneself or others...
and charge concert
Concert
A concert is a live performance before an audience. The performance may be by a single musician, sometimes then called a recital, or by a musical ensemble, such as an orchestra, a choir, or a musical band...
promoters under this law so long as glow sticks and bottled water
Bottled water
Bottled water is drinking water packaged in plastic or glass water bottles. Bottled water may be carbonated or not...
were present. Congress was also accused of picking an easy, public target so as to continue support for the War on Drugs
War on Drugs
The War on Drugs is a campaign of prohibition and foreign military aid and military intervention being undertaken by the United States government, with the assistance of participating countries, intended to both define and reduce the illegal drug trade...
. Others were concerned that too much responsibility would be placed on concert promoters to police their patrons. Also, many were concerned that their First Amendment
First Amendment to the United States Constitution
The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...
right to freedom of assembly
Freedom of assembly
Freedom of assembly, sometimes used interchangeably with the freedom of association, is the individual right to come together and collectively express, promote, pursue and defend common interests...
would be violated were the law enacted.