http://www.drugpolicy.org/drugbydrug/rave/Anti-Rave Bills
Background
The RAVE Act which threatens to squash live music and free speech was passed earlier this year when it was tacked onto an unrelated child protection bill. Now there are two additional pieces of legislation being considered - the CLEAN-UP Act and the Ecstasy Awareness Act - that threaten to widen the laws to prosecute anyone who holds an event and fails to prevent illicit drug use.
Senator Joe Biden (D-DE) forced the controversial legislation, widely referred to as the "RAVE" Act, through both houses of Congress as an attachment to an unrelated child abduction - AMBER Alert bill (S151). "RAVE" Act had not passed a single committee this year. In addition, it was so controversial when it was introduced during the 107th Congress that two Senators withdrew their sponsorship. The "RAVE" Act makes it easier for the federal government to prosecute innocent business owners for the drug offenses of their customers - even if they take steps to stop such activity.
The "RAVE" Act attached to the AMBER Alert legislation passed both the House and the Senate despite the fact there had been no public hearing, debate or vote in Congress this year. Due to overwhelming opposition to the "RAVE" Act, legislators were forced to remove some of the most egregious language before it passed. For example, the word "rave" was removed from this version of the bill. Also, the original bill suggested that prosecutors should view the sale of water and the presence of glow-sticks or massage oil as evidence of drug use. These preposterous "findings" were removed in large part due to activists who sent nearly 30,000 faxes to their Senators between January and April 2003, urging them not to support such dangerous legislation. The AMBER Alert bill with the "RAVE" Act attachment was signed into law by President Bush on April 30, 2003. Click here for a legislative history of the RAVE Act.
The Consequences
The Rave Act has the force to stop licensed and law-abiding business owners from hosting events out of fear of massive fines and prison sentences. It would amend the federal "crack house law" to make it easier for federal prosecutors to fine and imprison business owners that fail to stop drug offenses from occurring. Businessmen and women could be prosecuted even if they were not involved in drugs - and even if they took steps to stop drug use on their property. Although proponents of the bill are seeking to target raves (and DJs, nightclub owners, and rave promoters have the most to fear), the law would apply to any business owner, including bar owners, motel owners, concert promoters, and cruise ship owners. Because of its broad language, the proposed law would even potentially subject people to twenty years in federal prison if guests smoked marijuana at their party or barbecue.
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