RAVE Act Passed

[vicman]

fucking conservatives.

**************

The Rave Act has passed the Senate as well.

Here is Senator Leahy's (one of the Senators who withdrew support from the RAVE Act in the last session of Congress) partial statement:

Comment of Senator Patrick Leahy

On Senate Passage

Of The AMBER Alert Bill

(PROTECT Act Package)

April 10, 2003

“After months and months of trying, we’ve finally gotten a green light for a national AMBER Alert program. The problem has never been winning enough support to pass it. The problem has been that our bill has garnered such strong support that it has been abused as a sweetener for highly controversial add-ons.â€

RAVE ACT

I am also concerned about the inclusion of the Illicit Drug Anti-Proliferation Act in this conference report. This bill has drawn serious grass-roots opposition, and I know that I am not alone in hearing from many constituents about their serious and well-considered objections to it. Despite this opposition, and even though the Senate has never held a hearing on this bill, the conference committee agreed to include it in this hastily-assembled package.

I know that Senator Biden has made changes to the bill since the last Congress, beginning with its title, and I appreciate his flexibility. But these changes do not address some of the questions that have been raised about this legislation.

The bill’s primary purpose is to expand the existing “crack house statute,†(21 USC 856) which makes it unlawful to knowingly open or maintain any place for the purpose of manufacturing, distributing, or using any controlled substance, or to make a place available to someone else for use for such purposes or for storing a controlled substance. The bill would expand the statute to include those who lease, rent, or use property, including temporary occupants, and would allow for civil suits against violators.

The crack house statute has been on the books for more than 15 years, and for most of its existence, federal prosecutors have used it solely against property owners who have been directly involved in committing drug offenses. The House Judiciary Committee, however, heard evidence last year that the Drug Enforcement Administration and prosecutors are now using the “crack house statute†to pursue even business owners who take serious precautions to avoid drug use at their events. Business owners have come to Congress and told us there are only so many steps they can take to prevent any of the thousands of people who may attend a concert or a rave from using drugs, and they are worried about being held personally accountable for the illegal acts of others. Those concerns may well be overstated, but they deserve a fuller hearing.

In addition, the provision allowing civil suits dramatically increases the potential liability of business owners. Of course, this is a good thing when applied against those who are knowingly profiting from illegal drug use. But we have been told that even conscientious promoters may think twice before holding large concerts or other events where some drug use may be inevitable despite their best efforts. I do not know enough to know whether that claim is exaggerated, but I think we would have been well-served by making a greater effort to find out.

[underwater]

“crack house statute,â€

crack is whack. can you post the entire act on this thread?

[siceone]

this is the work of democrats man not republicans

[Drunk]

Originally posted by vicman

fucking conservatives.

You should take your foot out of your mouth. Senator Joe Biden (democrat) was the one pushing this bill.

[siceone]

yup the republicans wanted the amber alert to pass with a clean bill not with pork. Strike one for the liberals who want other people to take responsibility for other people as opposed to them taking responsibility for themselves

[cintron]

oh well.

[frenchbread]

see this is a perfect example of what i have posted many times, about the fact that a lot of peope here would have me lumped in with liberals or democrats, or "comies" just because i think this war is illegal...

i completely disagree with the rave act...so i disagree with the people pushing it...

but in any case, this country has always had a very bad attitude towards drugs, and an even worse policy to regulate them...

i don't think that this can be blamed solely on the democrats or on the republicans...

not that i am trying to defend either...

i just think that our country's dealings with drugs has always been wrong and very hypocritical...

this is just one more installement in our fundamentally flawed drug policy...

and for all the people here that support our current administration and use psychotropic substances, how do you reconcile your support of this administration, and its radical views on drugs (john walters, john ashcroft...)...

and especially the last campaign "if you do drugs, you support terrorism"...

i'm just curious...

so for the paranoid ones out there, please don't take it as a personal attack...

like i said, i'm just curious...

[vicman]

anyone see the History channel? they are showing a series in illegal drugs at around 8pm or so. I caught part of it on wednesday when the show was on cocaine and how cocaine was widely used back in the day by a lot of people.

public perception on cocaine turned around in this country in part due to the research that had been done up to that time, where people were starting to see how it affected human behavior and was addictive, but also because black men were widely sumministered the drug so they could work harder & longer, and society perceived that their use of cocaine was responsible for the violence black men and women showed towards them.

[vicman]

http://www.house.gov/judiciary/s151conf_002.pdf#xml=http://wwws.house.gov/search97cgi/s97_cgi?action=View&VdkVgwKey=http%3A%2F%2Fwww%2Ehouse%2Egov%2Fjudiciary%2Fs151conf%5F002%2Epdf&doctype=xml&Collection=comms&QueryZip=Sec%2E+608%2E+Illicit+Drug+Anti%2DProliferation+Act&

thats the link for the entire text

if that dont werk, try:

http://wwws.house.gov/search97cgi/s97_cgi

****************

the section on 608 is the following:

Sec. 608. Illicit Drug Anti-Proliferation Act

Section 608 of the conference report is a new section that is related to the purpose of this Act. This section, known as the Illicit Drug Anti-Proliferation Act, helps to protect children by amending the Controlled Substances Act to expand the "crack house" statute. (17) This expansion makes it clear that anyone who knowingly and intentionally uses their property, or allows another person to use their property, for the purpose of distributing or manufacturing or using illegal drugs will be held accountable. This section raise the penalties for people who traffic in a substance often marketed to children at clubs; and authorizing funds for drug prevention activities. It also creates a civil penalty for violating 21 U.S.C. § 856.

In addition, the language directs the Sentencing Commission to consider increasing the sentencing guidelines for offenses involving gamma hydroxybutyric acid (GHB), a Schedule I substance often used to facilitate sexual assault. Under current law, an offender would have to have 13 gallons (equivalent to 100,000 doses) of GHB to qualify for a five year penalty. Because large-scale GHB dealers generally distribute gallon quantities of the drug, they generally are not prosecuted at the federal level because the penalties are too low. In order to prevent the abuse of club drugs and other illicit substances, the bill also authorizes $5.9 million for the Drug Enforcement Administration to hire a Demand Reduction Coordinator in each state and authorizes such sums as may be necessary for the Drug Enforcement Administration to educate youth, parents and other interested adults about the dangers associated with club drugs.

[vicman]

Originally posted by underwater

“crack house statute,â€

crack is whack. can you post the entire act on this thread?

http://thomas.loc.gov/cgi-bin/query/D?c108:1:./temp/~c108nxZcgS::

section 5131

http://thomas.loc.gov/cgi-bin/query/F?c108:1:./temp/~c108nxZcgS:e439542:

PART 4--CRACK HOUSE STATUTE AMENDMENTS

SEC. 5131 . OFFENSES.

(a) IN GENERAL- Section 416(a) of the Controlled Substances Act (21 U.S.C. 856(a)) is amended--

(1) in paragraph (1), by striking `open or maintain any place' and inserting `open, lease, rent, use, or maintain any place, whether permanently or temporarily,'; and

(2) by striking paragraph (2) and inserting the following:

`(2) manage or control any place, whether permanently or temporarily, either as an owner, lessee, agent, employee, occupant, or mortgagee, and knowingly 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.'.

( TECHNICAL AMENDMENT- The heading to section 416 of the Controlled Substances Act (21 U.S.C. 856) is amended to read as follows:

`SEC. 416. MAINTAINING DRUG-INVOLVED PREMISES.'.

© CONFORMING AMENDMENT- The table of contents to title II of the Comprehensive Drug Abuse and Prevention Act of 1970 is amended by striking the item relating to section 416 and inserting the following:

`Sec. 416. Maintaining drug-involved premises.'.

SEC. 5132. CIVIL PENALTY AND EQUITABLE RELIEF FOR MAINTAINING DRUG-INVOLVED PREMISES.

Section 416 of the Controlled Substances Act (21 U.S.C. 856) is amended by adding at the end the following:

`(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

`( 2 times the gross receipts, either known or estimated, that were derived from each violation that is attributable to the person.

`(2) If a civil penalty is calculated under paragraph (1)(, and there is more than 1 defendant, the court may apportion the penalty between multiple violators, but each violator shall be jointly and severally liable for the civil penalty under this subsection.

`(e) Any person who violates subsection (a) shall be subject to declaratory and injunctive remedies as set forth in section 403(f).'.

SEC. 5133. DECLARATORY AND INJUNCTIVE REMEDIES.

Section 403(f)(1) of the Controlled Substances Act (21 U.S.C. 843(f)(1)) is amended by striking `this section or section 402' and inserting `this section , section 402, or 416'.

SEC. 5134. SENTENCING COMMISSION GUIDELINES.

The United States Sentencing Commission shall--

(1) review the Federal sentencing guidelines with respect to offenses involving gamma hydroxybutyric acid (GHB);

(2) consider amending the Federal sentencing guidelines to provide for increased penalties such that those penalties reflect the seriousness of offenses involving GHB and the need to deter them; and

(3) take any other action the Commission considers necessary to carry out this section .

SEC. 5135. AUTHORIZATION OF APPROPRIATIONS FOR A DEMAND REDUCTION COORDINATOR.

There is authorized to be appropriated $5,900,000 to the Drug Enforcement Administration of the Department of Justice for the hiring of a special agent in each State to serve as a Demand Reduction Coordinator.

SEC. 5136. AUTHORIZATION OF APPROPRIATIONS FOR DRUG EDUCATION.

There is authorized to be appropriated such sums as necessary to the Drug Enforcement Administration of the Department of Justice to educate youth, parents, and other interested adults about the drugs associated with raves.

PART 5--CRACKING DOWN ON METHAMPHETAMINE IN RURAL AREAS

SEC. 5141. METHAMPHETAMINE TREATMENT PROGRAMS IN RURAL AREAS.

Subpart I of part B of title V of the Public Health Service Act (42 U.S.C. 290bb et seq.) is amended by inserting after section 509 the following:

`SEC. 510A. METHAMPHETAMINE TREATMENT PROGRAMS.

`(a) IN GENERAL- The Secretary, acting through the Director of the Center for Substance Abuse Treatment, shall make grants to community-based public and nonprofit private entities for the establishment of substance abuse (particularly methamphetamine) prevention and treatment pilot programs in units of local government and tribal governments located outside a Standard Metropolitan Statistical Area.

`( ADMINISTRATION- Grants made in accordance with this section shall be administered by a single State agency designated by a State to ensure a coordinated effort within that State.

`© APPLICATION- To be eligible to receive a grant under subsection (a), a public or nonprofit private entity shall prepare and submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.

`(d) USE OF FUNDS- A recipient of a grant under this section shall use amounts received under the grant to establish a methamphetamine abuse prevention and treatment pilot program that serves one or more rural areas. Such a pilot program shall--

`(1) have the ability to care for individuals on an in-patient basis;

`(2) have a social detoxification capability, with direct access to medical services within 50 miles;

`(3) provide neuro-cognitive skill development services to address brain damage caused by methamphetamine use;

`(4) provide after-care services, whether as a single-source provider or in conjunction with community-based services designed to continue neuro-cognitive skill development to address brain damage caused by methamphetamine use;

`(5) provide appropriate training for the staff employed in the program; and

`(6) use scientifically-based best practices in substance abuse treatment, particularly in methamphetamine treatment.

`(e) AMOUNT OF GRANTS- The amount of a grant under this section shall be at least $19,000 but not greater than $100,000.

`(f) AUTHORIZATION OF APPROPRIATIONS-

`(1) IN GENERAL- There is authorized to be appropriated $2,000,000 to carry out this section .

`(2) SET-ASIDE- Of the amount made available for grants under this section , 10 percent shall be awarded to tribal governments to ensure the provision of services under this section .'.

SEC. 5142. METHAMPHETAMINE PREVENTION EDUCATION.

Section 519E of the Public Health Service Act (42 U.S.C. 290bb-25e) is amended--

(1) in subsection ©(1)--

(A) in subparagraph (F), by striking `and' at the end;

( in subparagraph (G), by striking the period and inserting `; and'; and

© by adding at the end the following:

`(H) to fund programs that educate rural communities, particularly parents, teachers, and others who work with youth, concerning the early signs and effects of methamphetamine use, however, as a prerequisite to receiving funding, these programs shall--

`(i) prioritize methamphetamine prevention and education;

`(ii) have past experience in community coalition building and be part of an existing coalition that includes medical and public health officials, educators, youth-serving community organizations, and members of law enforcement;

`(iii) utilize professional prevention staff to develop research and science based prevention strategies for the community to be served;

`(iv) demonstrate the ability to operate a community-based methamphetamine prevention and education program;

`(v) establish prevalence of use through a community needs assessment;

`(vi) establish goals and objectives based on a needs assessment; and

`(vii) demonstrate measurable outcomes on a yearly basis.';

(2) in subsection (e)--

(A) by striking `subsection (a), $10,000,000' and inserting `subsection (a)--

`(1) $10,000,000';

( by striking the period at the end and inserting `; and'; and

© by adding at the end the following:

`(2) $5,000,000 for each of fiscal years 2003 through 2008 to carry out the programs referred to in subsection ©(1)(H).'; and

(3) by adding at the end the following:

`(f) SET-ASIDE- Of the amount made available for grants under this section , 10 percent shall be used to assist tribal governments.

`(g) AMOUNT OF GRANTS- The amount of a grant under this section , with respect to each rural community involved, shall be at least $19,000 but not greater than $100,000.'.

SEC. 5143. METHAMPHETAMINE CLEANUP.

(a) IN GENERAL- The Attorney General shall, through the Department of Justice or through grants to States or units of local government and tribal governments located outside a Standard Metropolitan Statistical Area, in accordance with such regulations as the Attorney General may prescribe, provide for--

(1) the cleanup of methamphetamine laboratories and related hazardous waste in units of local government and tribal governments located outside a Standard Metropolitan Statistical Area; and

(2) the improvement of contract-related response time for cleanup of methamphetamine laboratories and related hazardous waste in units of local government and tribal governments located outside a Standard Metropolitan Statistical Area by providing additional contract personnel, equipment, and facilities.

( AUTHORIZATION OF APPROPRIATIONS-

(1) IN GENERAL- There is authorized to be appropriated $20,000,000 for fiscal years 2003 and 2004 to carry out this section .

(2) FUNDING ADDITIONAL- Amounts authorized by this section are in addition to amounts otherwise authorized by law.

(3) SET-ASIDE- Of the amount made available for grants under this section , 10 percent shall be awarded to tribal governments.

[vicman]

Originally posted by siceone

this is the work of democrats man not republicans

BACKGROUND INFORMATION

Congress is considering two pieces of legislation that could create disincentives for club owners to have water, ambulances and paramedics available at large dance events. The bills might also threaten live music and dancing. If enacted, either bill could

prevent you from hearing your favorite band or DJ live. Every musical style would be affected, including rock and roll, Hip Hop, country, and electronic music. The proposed laws could also shut down hemp festivals, circuit parties, and other events government officials

don't like. Both bills would allow overzealous prosecutors to send

innocent people to jail for the crimes of others.

The two bills are the RAVE Act (H.R. 718) and the CLEAN-UP Act (H.R. 834). The RAVE Act was first introduced last year in the Senate by Senator Joe Biden (D-DE). A House version was introduced by Rep. Lamar Smith (R-TX). Thanks to the support of thousands of voters like you, Drug Policy Alliance and a coalition of friends and activists around the country was able to stop both bills last year. Unfortunately, supporters of the RAVE Act are even more determined to pass it this year. Rep. Howard Coble (R-NC) is sponsoring a new RAVE Act in the House. Additionally, Senator Biden has introduced a Senate version entitled the Illicit Drugs Anti-Proliferation Act.

If enacted, the RAVE Act would make it easier for the federal

government to punish property owners for any drug offense that their customers commit - even if they work hard to stop such offenses. If enacted, nightclub and stadium owners would likely stop holding events - such as rock or Hip Hop concerts - in which even one person might use drugs.

The CLEAN-UP Act was also first introduced last year, but it failed

to make it out of committee. This year's bill has over 60 co-sponsors and could become law without your help. Sponsored by Rep. Doug Ose (R-CA), the Clean, Learn, Educate, Abolish, and Undermine Production (CLEAN-UP) of Methamphetamines Act is largely an innocuous bill that provides more money and training for the clean up of illegal methamphetamine lab. Hidden within the bill, however, is a draconian section that could make dancing and live music federal crimes.

Section 305 of the CLEAN-UP Act stipulates that:

`Whoever, for a commercial purpose, knowingly promotes any rave, dance, music, or other entertainment event, that takes place under circumstances where the promoter knows or reasonably ought to know that a controlled substance will be used or distributed in violation of Federal law or the law of the place where the event is held, shall be fined under title 18, United States Code, or imprisoned for not more than 9 years, or both.'

This provision will allow any concert promoter, event organizer,

nightclub owner and arena or stadium owner to be fined and jailed, since a reasonable person would know some people use drugs at musical events.

Under both the RAVE Act and the CLEAN-UP Act, it doesn't matter if the event promoter and property owner try to prevent people from using drugs. Nor does it matter if the vast majority of people

attending the event are law-abiding citizens that want to listen to music not do drugs. If enacted, either bill could be used to shut

down raves, circuit parties, marijuana rallies, unpopular music

concerts, and any other event federal officials don't like

[vicman]

CLAEN-UP Act

http://thomas.loc.gov/cgi-bin/query/D?c108:2:./temp/~c108M7IuWu::

http://thomas.loc.gov/cgi-bin/query/F?c108:2:./temp/~c108M7IuWu:e2062:

*********************

section 305:

http://thomas.loc.gov/cgi-bin/query/F?c108:2:./temp/~c108M7IuWu:e19049:

SEC. 305. LIABILITY OF PROMOTERS OF COMMERCIAL DRUG-ORIENTED ENTERTAINMENT.

(a) IN GENERAL- The Controlled Substances Act is amended by inserting after section 416 (21 U.S.C. 856) the following new section:

`SEC. 416A. PROMOTERS OF COMMERCIAL DRUG-ORIENTED ENTERTAINMENT.

`Whoever, for a commercial purpose, knowingly promotes any rave, dance, music, or other entertainment event, that takes place under circumstances where the promoter knows or reasonably ought to know that a controlled substance will be used or distributed in violation of Federal law or the law of the place where the event is held, shall be fined under title 18, United States Code, or imprisoned for not more than 9 years, or both.'.

( CLERICAL AMENDMENT- The table of sections at the beginning of the Comprehensive Drug Abuse Prevention and Control Act of 1970 is amended by inserting after the item relating to section 416 the following new item:

`Sec. 416A. Promoters of drug oriented entertainment.'.

SEC. 306. STATEMENT OF CONGRESS REGARDING AVAILABILITY AND ILLEGAL IMPORTATION OF PSEUDOEPHEDRINE FROM CANADA.

(a) FINDINGS- The Congress finds that--

(1) pseudoephedrine is one of the basic precursor chemicals used in the manufacture of the dangerous narcotic methamphetamine;

(2) the Federal Government, working in cooperation with narcotics agents of State and local governments and the private sector, has tightened the control of pseudoephedrine in the United States in recent years;

(3) pseudoephedrine can only be purchased in the United States in small quantity bottles or blister packs; however, the widespread presence of large containers of pseudoephedrine from Canada at methamphetamine laboratories and dumpsites in the United States, despite efforts of law enforcement agencies to stem the flow of these containers into the United States, demonstrates the strength of the demand for, and the inherent difficulties in stemming the flow of, these containers from neighboring Canada; and

(4) Canada lacks a comprehensive legislative framework for addressing the pseudoephedrine trafficking problem.

( CALL FOR ACTION BY CANADA- The Congress strongly urges the President to seek commitments from the Government of Canada to begin immediately to take effective measures to stem the widespread and increasing availability in Canada and the illegal importation into the United States of pseudoephedrine.

***************

and this would not only affect your typical "Rave" or club, but also concerts where the typical joe schmoe would be smoking weed.

[frenchbread]

Originally posted by frenchbread

and for all the people here that support our current administration and use psychotropic substances, how do you reconcile your support of this administration, and its radical views on drugs (john walters, john ashcroft...)...

and especially the last campaign "if you do drugs, you support terrorism"...

i'm just curious...

so for the paranoid ones out there, please don't take it as a personal attack...

like i said, i'm just curious...

good background info vicman...

it looks like it was both democrats and republicans...

in any case...

i'm still interested to hear some feedback to my question...so:

<bump>

[jesseh49]

Originally posted by frenchbread

and for all the people here that support our current administration and use psychotropic substances, how do you reconcile your support of this administration, and its radical views on drugs (john walters, john ashcroft...)...

and especially the last campaign "if you do drugs, you support terrorism"...

i'm just curious...

so for the paranoid ones out there, please don't take it as a personal attack...

like i said, i'm just curious...

I can't speak for anyone but myself. However I support the current administration because I agree with more of their views than other parties views. For example I am pro-choice, Bush is not. However I felt he could protect us the best out of any of the candidates. I also feel that even though is isn't pro-choice he isn't going to make abortions illegal. That would guaranity him not getting re-elected. I also feel though that no matter what if a Republican or a Democrat are in office they are going to approach Drugs on the level that Drugs are bad mmmkkkay.. At this point I don't feel many administrators are going to be to lenient on drugs because it is a very touchy subject that can destroy their whole administration. I feel in maybe 20 years or so when people from our generation begin to get higher positions in the government that this will change. It appears to me that our generation is more open to drugs and realizes that if you smoke some weed your not going to take an axe and murder your whole neighborhood.

[frenchbread]

Originally posted by jesseh49

I also feel though that no matter what if a Republican or a Democrat are in office they are going to approach Drugs on the level that Drugs are bad mmmkkkay..

i agree with you and that's sad...

other nations have overcome that, but this country seems to be so hypocritical about drugs...it's such a political goldmine (see infinite source of self-righteousness...that plus it's so profitable)...

Originally posted by jesseh49

I feel in maybe 20 years or so when people from our generation begin to get higher positions in the government that this will change.

sadly, i don't think so...i mean look at how open the sixties' generation was about drug...hasn't translated at all...

Originally posted by jesseh49

[...]if you smoke some weed your not going to take an axe and murder your whole neighborhood.

lol...

that's funny...

what's even funnier is that some people think that...

seriously...

same as always in our u.s. of a. though: people in power banking on myths, and complete misinformation of the public...

but that's a whole other story...

[mrmatas2277]

Originally posted by frenchbread

sadly, i don't think so...i mean look at how open the sixties' generation was about drug...hasn't translated at all...

yea...but they didnt have: xstacy, rave music and a that catchy new phrase: P.L.U.R. ...but i agree with "pan frances" it wont change the drug thing in the future either...in fact, we deny ever doing them, as we get older...

[kramadas]

This really fuckin sucks!

[frenchbread]

Originally posted by mrmatas2277

...but i agree with "pan frances" it wont change the drug thing in the future either...in fact, we deny ever doing them, as we get older...

see...i'm not going to do that...or at least i mean to not do that (i can't predict the future...i know, i know...or can i?...)

"pan frances" lol...that's funny...

i'll correct you...but don't take it bad though...i just figure, you might as well write it correctly:

'pain français"...

[jesseh49]

Originally posted by frenchbread

lol...

that's funny...

what's even funnier is that some people think that...

seriously...

Have you ever seen the movie Reefer Madness? It is really amazing what people think will happen to you if you smoke pot. They show people going absolutely crazy. Me I can't get off my couch for the next 2 hours. Lifting the remote even becomes a challenge.

[arv105]

shove it up their asses! Cops should be worried about preventing terrorism attacks not policing a bullshit law outlawing glowsticks, raves, cigarettes, weed, loud music, etc.....

[mrmatas2277]

Originally posted by frenchbread

'pain français"..

mine was in spanish...but since we here on CP are "multi-national"...the french version is also accepted:tongue:

[frenchbread]

Originally posted by jesseh49

Have you ever seen the movie Reefer Madness? It is really amazing what people think will happen to you if you smoke pot. They show people going absolutely crazy. Me I can't get off my couch for the next 2 hours. Lifting the remote even becomes a challenge.

haven't actually seen it...

but read about it more than once...

can't move huh?...classic case of the couch lock...

that means you're smoking some indica my friend...

[frenchbread]

Originally posted by mrmatas2277

mine was in spanish...but since we here on CP are "multi-national"...the french version is also accepted:tongue:

lol...

my bad i thought you were trying to say in french...

[vicman]

1015 in SF has been closed down. read my "another one bites the dust" thread.

sucks.