Illicit Drug Anti-Proliferation Act
|Long title||A bill to prohibit an individual from knowingly opening, maintaining, managing, controlling, renting, leasing, making available for use, or profiting from any place for the purpose of manufacturing, distributing, or using any controlled substance, and for other purposes.|
|Enacted by||the 108th United States Congress|
|Effective||April 30, 2003|
|Acts amended||Controlled Substances Act|
The Illicit Drug Anti-Proliferation Act of 2003 is a United States federal law enacted as a rider within the PROTECT Act on April 30, 2003. A substantially similar Act was proposed during the previous Congress as the Reducing Americans' Vulnerability to Ecstasy Act (RAVE Act).
The Act modified section 416(a) of the Controlled Substances Act (also known as the "crackhouse law" and codified at United States Code, 21 U.S.C. § 856(a)) to expand the section regarding "Establishment of manufacturing operations", which previously outlawed maintaining, managing or owning any place used to manufacture, distribute or use drugs to include temporary or permanent uses of the premises.
The Act also created a civil penalty of $250,000 or "2 times the gross receipts, either known or estimated, that were derived from each violation that is attributable to the person.", whichever was greater. Additionally, the Act recommended that the United States Sentencing Commission reconsider the then-current Federal sentencing guidelines with respect to offenses involving Gamma-Hydroxybutyric acid, commonly known as a date rape drug.
The bill, originally titled the Reducing Americans' Vulnerability to Ecstasy Act (RAVE ACT,) was sponsored by Senator Joe Biden, along with cosponsors Chuck Grassley, Orrin Hatch, Joe Lieberman, Strom Thurmond, Patrick Leahy and Dick Durbin. The bill was referred to the Senate Committee on the Judiciary on June 18, 2002. On June 27, 2002, it was reported out of the committee without written comment or amendment and placed on the Senate Legislative Calendar. On October 10, 2002, Senator Biden provided introductory remarks on the bill before the Senate.
It was reintroduced in the 118th Congress by Biden, under the name "Illicit Drug Anti-Proliferation Act." It was later attached to the PROTECT Act, which was aimed at prosecuting child sexual abuse, while it was in conference committee; the PROTECT Act was signed into law by President Bush on April 30, 2003
The American Civil Liberties Union has criticized the legislation, arguing that the threat of Drug Enforcement Administration enforcement action leads to a chilling effect on speech and "unfairly punishes businesses for the crimes of their customers."
- Methylenedioxymethamphetamine (MDMA, "ecstasy")
- Retracted article on neurotoxicity of ecstasy
- Reducing Americans' Vulnerability to Ecstasy Act
- Patrick Leahy and Richard Durbin withdrew their sponsorship of the bill in September 2002.
- Sullum, Jacob (30 December 2014). "Ignoring Drug Use At Musical Events Only Makes It More Dangerous". Forbes. Retrieved 22 February 2015.
- "DEA Must Not Be Allowed to Chill Speech or Shut Down Electronic Music Events". American Civil Liberties Union. n.d. Archived from the original on 6 January 2021. Retrieved 12 March 2020.
|Wikisource has original text related to this article:|
- Information about the act, from National Library for the Environment
- FAQs About The Illicit Drug Anti-Proliferation Act, from the Drug Enforcement Administration