Reducing Americans' Vulnerability to Ecstasy Act (RAVE Act)

The Reducing Americans' Vulnerability to Ecstasy Act, or the 2002 RAVE Act, was proposed as both a House and Senate bill during the second session of the 107th Congress (S.2633 and H.R. 5519). Both bills sought to enact tougher sanctions surrounding the use of club drugs, primarily MDMA or ecstasy, during all-night dance parties or raves. The proposed bills sought revisions to the crack-house provision of the Controlled Substances Act, or Title II of the Comprehensive Drug Abuse Prevention and Control Act of 1970, which would have held party organizers or promoters accountable for using club space to profit from the use and distribution of an [Page 685]illegal substance similar to home owners or landlords who allowed the use of crack cocaine on their properties. The bills also included civil penalties in addition to criminal prosecution. As a result of protests by members of the music industry and violation of First Amendment rights claims neither bill was ratified. However, the Illicit Drug Anti-Proliferation Act, which was passed the following year, was substantively similar to the RAVE Act.

Growing concerns during the last decade of the 20th century surrounding the use, abuse, and dangers of club drugs such as MDMA or ecstasy prompted Congressional action with the passage of the Ecstasy Anti-Proliferation Act of 2000, which significantly strengthened criminal penalties for ecstasy. The following year marked a continuation of this directed and targeted action and led to the introduction of Senate Bill 2633 by Senators Joe Biden and Charles Grassley. Cosponsors included Senators Orrin Hatch, Joe Lieberman, and Strom Thurmond. A companion bill was introduced by Representative Lamar Smith in the House (H.R. 5519).

Similar in content, the bills sought to significantly expand the Controlled Substances Act to include individuals who willingly and knowingly maintained, managed, leased, operated, or profited from places where illegal substances were distributed, possessed, or used. The title of Section 416(a) of the Controlled Substances Act would be amended to read “maintaining drug involved premises” as opposed to its current title of “establishment of manufacturing operations.” In effect, the bill would hold nightclub owners, party organizers, and property owners criminally liable for the use of ecstasy or other club drugs at raves or all-night dance parties that occurred under their supervision or on their property. In addition to criminal penalties, for violators, the proposed bills also added civil penalties in the form of monetary fines not to exceed the greater of $250,000 or twice the sum of the party proceeds or receipts.

Other provisions included a directive for the U.S. Sentencing Commission to study the federal sentencing guidelines for offenses related to gamma hydroxybutyric acid (GHB) and to consider increasing these penalties to match the severity of crimes involving the use of this date rape drug. The bill also proposed an allocation of $5.9 million to the Drug Enforcement Administration (DEA) to establish a demand reduction coordinator in each state to work with local agencies on developing prevention programs and additional funds as needed to educate parents and youth on the dangers associated with club drugs.

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