California has made a bold move to protect people from drink spiking. The state now requires around 2,400 bars to help keep their customers safe. A new law, Assembly Bill 1013, makes it mandatory for bars with Type 48 licenses to provide date rape drug test kits. These bars must also put up signs that read “Don’t get roofied! Drink spiking drug test kits available here.” The law will be active from July 1, 2024, to January 1, 2027, and represents one of the most important steps toward patron safety. Customers can use test strips and stickers to detect dangerous substances in their drinks. These kits can identify chemicals like flunitrazepam, ketamine, and GHB – common drugs used in assault. California’s steadfast dedication to nightlife safety means patrons can test their drinks either for free or at a minimal cost.
California Launches Mandatory Drug Test Program at Bars
California’s Department of Alcoholic Beverage Control now requires Type 48 license holders to give their patrons access to drug testing devices [1]. This new rule affects about 2,400 bars and clubs that serve beer, wine, and distilled spirits across the state [2].
Bars must keep all testing devices within their expiration dates according to product labels or manufacturer guidelines [3]. These establishments can either give away these kits for free or sell them at reasonable prices that reflect wholesale costs [1].
Venues where drink spiking happens more often are the main focus of this law. San Diego County has 193 establishments that must follow these rules [4]. Patrons can use different types of testing devices like strips, stickers, and straws to detect controlled substances such as:
- Flunitrazepam
- Ketamine
- Gamma hydroxybutyric acid (GHB)
The Department’s guidelines are straightforward. Every bar must put up clear signs that tell customers about these testing kits [3]. Signs work best when placed behind the bar or in restrooms where everyone can see them.
The law protects establishments from liability if tests turn out defective or give wrong results [2]. However, failing to follow these rules can lead to serious consequences. The Department can take administrative action that could affect a bar’s license [5]. Yet criminal charges won’t apply to violations [2].
Josh Lowenthal, the bill’s author, points out that while drink spiking can happen anywhere, bars and nightclubs face bigger risks [4]. The legislature showed California’s steadfast dedication to patron safety by unanimously supporting this bill [3].
This mandate will stay active until January 1, 2027 [2]. The legislature will then assess how well the program worked and decide whether to keep these requirements. This effort marks a crucial step toward preventing drink tampering and keeping California’s bar patrons safe.
How Do These Date Rape Drug Test Kits Work?
Date rape drug test kits use advanced detection methods to spot dangerous substances in drinks. These kits target all but one of these common drugs: GHB, ketamine, and benzodiazepines through two different technologies: color-based tests and immunoassay kits [6].
The color-based tests work through chemical reactions that change colors when they detect specific substances. The Think Twice Drink Spike Test Strip spots various substances by analyzing drops of beverages placed on marked areas. These strips are highly reliable with a specificity rate of 95.12% and overall accuracy of 95.12% [7].
Users can easily test their drinks by placing drops onto specific spots and watching for color changes. A darker blue color points to possible date rape drugs [8]. On top of that, these tests can detect GHB at concentrations of 3.0g/250ml and cocaine hydrochloride between 0.625 to 10.0 mg/mL [7].
The testing methods do have their limits. Dark drinks like red wine or cola can make results harder to read [9]. Highly acidic beverages might show inconsistent results [7]. Time is also critical – some drugs like GHB can disappear from the system within minutes, which means testing needs to happen quickly [4].
Different test types show varying levels of success. Lab studies prove some kits are 100% accurate in controlled settings [9]. But real-world testing shows lower success rates, with consumer tests achieving 65.1% efficiency and 50% sensitivity [9].
The tests are economical, costing less than $1.00 per device in bulk purchases [4]. California law requires these kits to detect at least one controlled substance, usually focusing on ketamine and GHB [4].
Medical experts suggest testing drinks right away if tampering seems likely. Dr. Richard Clark from UC San Diego Medical Center’s toxicology department points out that spotting these drugs is tough since they don’t have taste, smell, or visible signs [4]. Quick medical help becomes vital if someone shows unusual drowsiness or concerning symptoms [4].
Bar Owners Navigate New Testing Requirements
Bar owners throughout California are grappling with new drug testing requirements. The state requires Type 48 license holders to stock testing devices but offers no financial assistance [10].
Bars are setting their own prices right now. To cite an instance, you’ll pay USD 4.00 for two test cards at Twin Peaks Tavern, while Aunt Charlie’s Lounge asks USD 5.00 for two strips [11]. Buying in bulk cuts down costs by a lot – some devices cost less than USD 1.00 per unit [3].
Getting the right testing kits remains a big challenge. The California Department of Alcoholic Beverage Control won’t recommend specific providers or sell testing materials themselves [10]. Bar owners must find and pick suitable options from the many vendors in the market.
Seattle company Think Twice visited hundreds of Bay Area bars to showcase their products. Their president Justin Thompson found that many bars didn’t know about the upcoming law [11].
The legislation spells out these requirements:
- Establishments must maintain sufficient supply for customer requests
- All devices must remain within their expiration dates
- Signs must be displayed prominently stating “Don’t get roofied! Drink spiking drug test kits available here” [3]
Training the bar staff is a vital concern. Vesuvio’s management worries about the lack of clear guidance, particularly about handling patron test requests [11].
Some bars are already ahead of the curve. Rob Giesecke owns Chill Bar and Reforma and says both locations are ready for the change [12]. Desert Fox Bar’s owner Mark Green has put up required signs in his main room and women’s restroom [12].
Questions linger about how enforcement will work. Nobody knows if the ABC will actively monitor compliance or depend on customer complaints [3]. The law does shield establishments from liability if tests turn out defective or inaccurate [3].
The ABC is still working on detailed implementation guidelines [13]. Assemblymember Lowenthal hints at possibly extending these requirements to more venues in the future [13].
Conclusion
California’s new law is changing how bars and nightclubs protect their patrons. Assembly Bill 1013 now requires about 2,400 venues to provide drug testing tools that could save lives. Bar owners face some challenges with costs and setup, but many have started to adapt to these changes.
The test kits can spot dangerous substances in drinks. They work best right after someone might have tampered with a drink, though they don’t work with all beverages. Staff members need proper training as bars adjust to the new rules.
The law runs through January 2027. This trial period will show how well it prevents drink spiking. California’s success might lead other states to create similar safety rules. The law shows how targeted rules can solve safety issues while being fair to business owners.
References
[1] – https://www.nbcnews.com/news/us-news/new-california-law-requires-bars-clubs-offer-drug-testing-devices-prot-rcna159793
[2] – https://fentonkeller.com/fk-articles/new-drug-testing-requirements-for-bars-and-night-clubs/
[3] – https://www.beveragelaw.com/booze-rules/bars-and-nightclubs-beware-the-drug-testing-regime-starts-on-july-1st-and-you-must-be-ready
[4] – https://www.nbcsandiego.com/news/local/california-law-san-diego-bars-nightclubs-date-rape-drug-tests/3548369/
[5] – https://www.nbclosangeles.com/news/local/ca-bars-drug-testing-kits-july/3448807/
[6] – https://media.drinkaware.co.uk/media/cakdj3ix/drink-spiking-research-report-2024.pdf
[7] – https://duiprevention.org/product/ketamine-ghb-test-kits-individual/?srsltid=AfmBOoqJpg5oq2H0YIX0fjHnuRxGdLlkfHyGg7jkjdapQzefncISPye0
[8] – https://nypost.com/shopping/date-rape-roofie-drug-detection-tests-experts-review/
[9] – https://www.researchgate.net/publication/51369963_A_Study_of_the_Effectiveness_of_Commercially_Available_Drink_Test_Coasters_for_the_Detection_of_Date_Rape_Drugs_in_Beverages
[10] – https://www.thepress.net/news/local-bar-owners-prepare-for-new-drug-test-law/article_1d98cce4-2424-11ef-98d0-ab32d84f8d62.html
[11] – https://sfstandard.com/2024/07/04/new-roofie-testing-law-california-san-francisco-bartenders/
[12] – https://www.desertsun.com/story/news/health/2024/07/01/bars-nightclubs-to-offer-drug-testing-kits-to-patrons-beginning-july-1/74219539007/
[13] – https://www.dlawgroup.com/california-bars-required-roofie-drug-test-kits/
