Background
The RAVE Act which threatens to squash live music and free speech was passed in 2003 when it was tacked onto an unrelated child protection bill. In 2004 there were two additional pieces of legislation considered - the CLEAN-UP Act and the Ecstasy Awareness Act - that threatened to widen the laws to prosecute anyone who holds an event and fails to prevent illicit drug use.

Senator Joe Biden (D-DE) forced the controversial legislation, widely referred to as the "RAVE" Act, through both houses of Congress as an attachment to an unrelated child abduction - AMBER Alert bill (S151). The "RAVE" Act had not passed a single committee before being attached to the AMBER Alert bill. In addition, it was so controversial when it was introduced during the 107th Congress that two Senators withdrew their sponsorship.

The "RAVE" Act makes it easier for the federal government to prosecute innocent business owners for the drug offenses of their customers - even if they take steps to stop such activity. The "RAVE" Act attached to the AMBER Alert legislation passed both the House and the Senate despite the fact there had been no public hearing, debate or vote in Congress this year. Due to overwhelming opposition to the "RAVE" Act, legislators were forced to remove some of the most egregious language before it passed. For example, the word "rave" was removed from this version of the bill. Also, the original bill suggested that prosecutors should view the sale of water and the presence of glowsticks or massage oil as evidence of drug use. These preposterous "findings" were removed in large part due to activists who sent nearly 30,000 faxes to their Senators between January and April 2003, urging them not to support such dangerous legislation. The AMBER Alert bill with the "RAVE" Act attachment was signed into law by President Bush on April 30, 2003. Click here for a legislative history of the RAVE Act.

The Consequences
The Rave Act has the force to stop licensed and law-abiding business owners from hosting events out of fear of massive fines and prison sentences. Shortly after the act became law, a federal agent in Montana used it to shut down a benefit to raise money for Students for Sensible Drug Policy and the National Organization for the Reform of Marijuana Laws. The DEA agent told managers of the Eagle Lodge in Billings, Montana that the Lodge could be fined $250,000 if anyone smoked marijuana during a planned benefit to raise money for a campaign to pass a medical marijuana law in Montana. The Eagle Lodge canceled the event.

The law applies to any business owner, including bar owners, motel owners, concert promoters, and cruise ship owners. Because of its broad language, the law could even potentially subject people to twenty years in federal prison if guests smoked marijuana at their party or barbecue.

The Man Behind the Plan
The Drug War isn’t a purely Democrat or Republican issue. Members of both parties support punitive policies, perpetuating the stigmatization of drugs and drug users. A Democrat, Senator Joe Biden, introduced the Rave Act in the Senate in 2002. Biden’s RAVE Act was co-sponsored by Senators Orrin Hatch (R-UT), Charles Grassley (R-IA), Joseph Lieberman (D-CT) and Strom Thurmond (R-NC) - with pressure from the Drug Policy Alliance counter-campaign two of the original co-sponsors of the bill, Richard Durbin(D-IL) and Patrick Leahy (D-VT) withdrew their support for the bill because it was too broad and goes too far.

The Drug War is Biden’s pet issue, one he pays close attention to. Senator Biden was one of the original drafters of the legislation that created the Office of National Drug Control Policy, an anti-drug office of the White House. In addition, Biden helped to craft the original crack-house statute designed to punish owners of properties on which drug offenses take place and co-sponsored legislation that created federal mandatory minimum sentences for drug offenses. Then Biden turned his attention to ecstasy and raves, most likely in response to media hype about the "dangerous drug parties" corrupting our nation’s young people. His reaction may have been in order to win votes, to keep his constituents happy or because he truly fears for the lives of America’s youth. Most likely it is a combination of all these factors. Politicians are known to react viciously when faced with new "dangers": for example, "crack" in the '80s.

DEA vs Electronic Music
Since its beginnings the electronic music dance phenomenon has been condemned by forceful politicians, sensationalist media and concerned parents. Today, electronic music parties are being directly targeted by law enforcement. It is the official position of the federal Drug Enforcement Administration (DEA) that a rave is nothing more than a venue for drug sales, distribution and use and consequently, the agency has sought to criminally prosecute electronic music concert promoters under the federal "crack house" statute and encourages local authorities to do the same.

What Can We Do?
Thanks to thousands of our supporters who sent faxes to the Senate and attended protests around the country, Drug Policy Alliance and its coalition of partners were able to stop earlier versions of the proposed federal legislation. More recently, you helped shine a spotlight on undemocratic and discriminatory arrests at a nightclub in Michigan when 3,000 of you contacted the Flint mayor and city council.

The Alliance will continue to fight to protect property owners, prevent any further criminalization of dance and music events, mobilize opposition and advocate amending this dangerous law. We will maintain support for the Electronic Music Defense Education Fund EM:DEF, hold public forums on rave culture and drug war harms, work with business owners to protect their rights, and maintain connections to dancers, performers and youth advocates working to draft model legislation regulating electronic music dance events in a manner that protects First Amendment freedoms and promotes the health and safety of all involved. If the Illicit Drug Anti-Proliferation Act has been used to intimidate, threaten or prosecute you, fill out an incident report to inform EM:DEF, the Drug Policy Alliance, and the ACLU.

Donate to Drug Policy Alliance's fight to help overturn this bad legislation.

Learn more about what you can do to help fight the RAVE Act.