California bars have to offer test kits for date rape drugs under new law. How it works

More than 2,000 bars and nightclubs in California must help customers test for date rape drugs in drinks under a new state law.

Starting July 1, Assembly Bill 1013 will require bars and nightclubs serving alcohol to keep the kits to “protect individuals from being unknowingly drugged or becoming victim to other crimes that often ensue,” the California Department of Alcoholic Beverage Control wrote on its site.

The bill, which was unanimously passed in the legislature this past year , was authored by Assemblymember Josh Lowenthal (D-Long Beach).

Here’s how it works:

What inspired new California law?

Lowenthal, who is a bar and restaurant owner, introduced Assembly Bill 1013 to help prevent drink spiking — an act that’s often used to facilitate rape or sexual assault.

“The under-reported epidemic of drink spiking or roofying continues to plague California and the world,” Lowenthal wrote in an April 2023 news release.

“Although drink spiking can occur in almost any setting, it is more common in bars and nightclubs that serve alcoholic beverages,” he said, adding that it’s often challenging to prosecute the crime after it has taken place.

Which businesses must offer test kits for date rape drugs?

Approximately 2,400 businesses with state alcohol licenses must adhere to the new law.

This includes bars and nightclubs authorized to sell beer, wine and distilled spirits for consumption on their premises, the state Department of Alcoholic Beverage Control said.

Minors are not allowed on the premises of these businesses and food service is not required.

How does new state law work to prevent drink spiking?

Bars and nightclubs affected by AB 1013 must post signage and offer drug testing kits free of charge or sell them for a “reasonable amount based on the wholesale cost.”

Signage must be posted in a highly visible location and read: “Don’t get roofied! Drink spiking drug test kits available here. Ask a staff member for details.”

The kits must be capable of detecting the presence of controlled substances such as flunitrazepam, ketamine and gamma-hydroxybutyric acid in drinks.

Devices could feature test strips, stickers or straws.

What are penalties for violating anti-roofie law?

Violating AB 1013 will not be considered a criminal offense, according to the California Department of Alcoholic Beverage Control.

“License holders who do not comply with the new law could face administrative actions impacting their licenses,” the alcoholic beverage control department said.

Bars and nightclubs that serve alcohol have an “obligation” to their customers to offer drug testing kits that aren’t expired or have exceeded their recommended period of use, the agency added.

The businesses are not liable for defective tests or inaccurate results.

The state alcoholic beverage control department will not dispense test kits.

The law is scheduled for repeal on Jan. 1, 2027.

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