RAVE Act Analysis

[judson]

NOTE: It's been reported that S.151 has passed the House, CALL YOUR SENATORS NOW!

Analysis
The language in the S.151 conference bill is less expansive than previous versions. Specifically, the bill does not include the "know[] or reasonably ought to know" language. Instead, the provision requires knowledge and requires that the place's purpose must be for the manufacture, distribution, storing, or use of a controlled substance. While this language is still probably dangerous, the bill's intent seems to be targeting crackhouses/opium dens/smoke houses, etc, not necessarily clubs. The language could be dangerous if a court determines that the "purpose" of the rave or other festival is illegal drug use or distribution.

Note that the law would have both civil and criminal penalties if enacted.

Section 608 of the S.151 conference bill, the "Illicit Drug Anti-Prolifieration Act of 2003" will amend section 21 U.S.C. s 856 to read as follows. This will be the operative language if the bill is passed:

Section 856 - Establishment of Manufacturing Operations

(a) Unlawful acts

Except as authorized by this subchapter, it will be unlawful to

(1) knowingly open, lease, rent, use, or maintain any place, whether permanently or temporarily, for the purpose of manufacturing, distributing, or using any controlled substance;

(2) manage or control any place, whether permanently or temporarily, either as an owner, lessee, agent, employee, occupant, or mortgagee, and knowingnly 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) Penalties

Any person who violates subsection (a) of this section shall be sentenced to a term of imprisonment of not more than 20 years or a fine of not more than $500,000, or both, or a fine of $2,000,000 for a person other than an individual.

(c) Violation as offense against property

A violation of subsection (a) of this section shall be considered an offense against property for purposes of section 3663A(c)(1)(A)(ii) of title 18 .

(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."

[there is more language regarding the civil penalty, but it relates to multiple defendants and joint and several liability]


Here is a link to the entire conference bill:
http://www.house.gov/judiciary/s151conf_002.pdf

Here is a link to the conference statement:
http://www.house.gov/judiciary/mgrstate040903.htm

Here is the section of the crack-house statute that is to be amended:
http://www4.law.cornell.edu/uscode/21/856.html