Question:
As a business owner, will I be arrested or fined because
of illegal drug use by a patron?
Answer:
No. Legitimate property owners and event promoters are
not in violation of the law just because a patron engages
in illegal drug activity on their property. DEA Agents have
clear guidance specifically advising them that property owners
not personally involved in illicit drug activity are not in
violation of the law.
Question:
I enjoy going to raves where I dance and listen to techno
music. Is this law trying to close down rave clubs?
Answer:
No. People may continue to attend and hold legitimate
rave events. This law does not target dancing, music, or any
other form of expression. Rather, it targets people who promote
events for the purpose of distributing or using illicit drugs-regardless
if there is any dancing or music at the event. The law applies
only to people who knowingly and intentionally allow the distribution,
manufacture, or use of illegal drugs at their event. Rave
goers should be aware that illegal drugs are readily available
at many raves and need to know two dangers. The first is that
drugs like Ecstasy-that are often advertised and "tested"
as safe, are neither. The tests are unreliable, and Ecstasy
is never safe at any dosage level. The second is that GHB
and other predatory drugs can be surreptitiously slipped into
anyone's drink and used to commit sexual assault.
Question:
What if I host a private party and friends happen to light
up a joint or pop an Ecstasy pill? Will the DEA use this law
to arrest me?
Answer:
No. This law only applies to people who control or manage
a facility "for the purpose of unlawfully manufacturing,
storing, distributing, or using a controlled substance."
It does not apply to the activities of people in the privacy
of their own homes. Nevertheless, it is important to remember
that use and sale of illicit drugs anywhere remains illegal
under the Controlled Substances Act.
Question:
What is the "crack house statute" I keep hearing
about?
Answer:
This law was enacted 17 years ago and became known as the
"crack house statute" (21 USC 856). It permitted
the Justice Department to prosecute property owners who knowingly
and intentionally allowed others to use their property to
hold events for the purpose of distributing or using drugs.
For example, it was used to prosecute people such as motel
owners and car repair shop owners who knowingly and intentionally
allowed their premises to be used for drug distribution.
Question:
How does the new law change the "crack house statute?"
Answer:
The newly enacted Illicit Drug Anti-Proliferation Act of 2003
amended the statute to make it more feasible to successfully
prosecute rogue event promoters. It clarifies that the law
applies to promoters as well as owners, to any location rather
than just the previously defined "enclosures," and
to one-night events as well as on-going events. The changes
were necessary to close loopholes in existing law because
rogue promoters could evade prosecution in several ways.
Question:
Won't it be easy for prosecutors to "prove" that
an individual promoted an event for the purpose of drug use?
Answer:
No. In fact, proving that an event is held for the purpose
of drug use is a high legal threshold. It would not apply
to events where people just happened to use drugs-a prosecutor
would have to show that the promoter or property owner knew
that a purpose of the event was the sale or use of drugs and
the promoter or property owner took steps to facilitate and
publicize that illicit activity and allowed it to occur.
Question:
How can citizens be sure that DEA agents across the country
will enforce this law in a uniform manner?
Answer:
All DEA offices have been provided with guidance regarding
the implementation of this new statute. This guidance also
establishes procedures within DEA to obtain Headquarters review
of proposed enforcement activity under the Act. This will
ensure that all DEA activity under the Act complies with its
terms and intent and with the First Amendment.