'Don’t get roofied!' Calif. law will soon require bars and clubs to offer drink tests for date-rape drugs

A new California law, known as AB1013, will soon encourage bars and nightclubs in the state to sell kits that would detect the presence of so-called date-rape drugs.

Drugs such as Rohypnol, ketamine, or GHB — commonly referred to as "roofies" — can be surreptitiously slipped into a beverage, causing the person who consumes it to become disoriented or even black out completely. However, certain "strips, stickers, straws, and other devices" can detect the presence of such drugs, AB1013 indicated, if placed in a substance relatively quickly.

Assemblymember Josh Lowenthal, D-Long Beach, introduced AB1013 last year, and it was signed into law last October. The new law aims to make a night out on the town safer, especially for "women and members of the LGBTQ communities," Lowenthal explained.

If those cited by KFSN-TV are to be believed, date-rape drugs are a major problem in California watering holes. In fact, Lowenthal called it "a crisis." "I have members of my staff that have been roofied," he said. "There are members of the legislative body that have been roofied."

"It happens all the time," said Daniel Aguilera from Oakland. "I worked at a bar, and someone got roofied there one time. So, I've seen it myself."

AB1013 compels all those who own or have applied for a Type 48 liquor license — required for establishments such as bars and nightclubs that are not primarily restaurants and that serve patrons who are at least 21 years old — offer such date-rape drug kits available for purchase. The cost of these kits must be "reasonable" in comparison with wholesale prices, the bill said, though it also notes that the law "does not prevent a Type 48 licensee from offering drug testing devices to their customers free of charge." The tests must also be current, and the licensee is responsible for ensuring that the tests have not expired.

To make sure that patrons are aware of the kits, the law also requires bar owners to post a scripted notice about the kits in "a prominent and conspicuous location" within the establishment. "Don’t get roofied! Drink spiking drug test kits available here. Ask a staff member for details," the scripted message reads.

The law is scheduled to go into effect officially on July 1 and is set to expire on January 1, 2027, if it is not extended. Even when the law is in effect though, enforcement of it will be almost impossible — by design. The text of the law states clearly that "a violation of this section is not a crime," even though "[e]xisting law generally provides that a violation of the act is a misdemeanor."

It appears that the law is meant to deter would-be predators from slipping substances into the drinks of unsuspecting victims, to encourage establishments to cooperate with the law of their own accord, and to bring greater awareness to the dangers of consuming alcohol near or with strangers.

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