California Advances Legislation on ‘Spiked Drinks

Individuals with ill intentions in California bars should take note: the state is steadfast in its commitment to tackling the issue of drink spiking.

A proposed legislation aimed at safeguarding patrons from being drugged in bars and nightclubs has sailed through the state Assembly with unanimous backing on Thursday. This initiative seeks to solidify existing safety protocols into permanent measures.

Assemblymember Josh Lowenthal put forth AB 1982, which is now on its way to the state Senate. This bill proposes to extend the mandates that require certain bars and nightclubs to offer drink lids and drug-testing kits to their patrons.

The proposed legislation intends to remove the expiration date of the existing law, originally slated for early 2027, thereby ensuring that establishments with Type 48 liquor licenses continue to provide these safety measures indefinitely.

“This is a preventable and addressable crisis of sexual assault occurring in California,” Lowenthal expressed passionately on the Assembly floor.

According to California’s Alcoholic Beverage Control Act, venues with Type 48 licenses are obligated to provide drug-testing strips or similar tools at a reasonable price, along with drink lids upon request, to enhance customer safety.

They are also required to post signs informing customers: “Don’t get roofied! Drink lids and drink spiking drug test kits available here. Ask a staff member for details.”

Lowenthal framed the bill as a straightforward prevention effort aimed at deterring crimes that often go unreported and are difficult to prosecute. It would make two past bills that codified the requirements into law permanent.

“There’s zero no votes on either of these [past two laws] when they made it through with bipartisan support,” Lowenthal said. “It’s been very successful in reducing the levels of drink spiking, of sexual assault and rape, and this bill will allow the successful program to continue.”

“Roofie” is a slang term for a drug — most commonly Rohypnol — that is secretly slipped into a person’s drink to sedate or incapacitate them, often to facilitate crimes such as sexual assault.

Horrific incidents involving “roofies” in recent months include a USC student allegedly drugging, tying up and sexually assaulting three women, and a Miami woman allegedly drugging and robbing men she met at bars.

A survey by Alcohol.org found a significant percentage of people reported unknowingly consuming spiked food or drinks.

The survey of 969 people found that 44% of men and 56% of women reported experiencing drink or food spiking. Among those respondents, 37% said it had happened multiple times.

The survey also found that more than half of the reported incidents occurred during college, while 19% occurred in high school.

Researchers noted that substances used to spike drinks can often be added without detection, and the symptoms can resemble heavy alcohol consumption — making cases difficult to identify. ​

AB 1982 applies specifically to Type 48 license holders, venues such as bars and nightclubs, where alcohol is served without the requirement that food be available.

Businesses can charge a reasonable fee for lids or testing devices, but are not required to do so, and they are shielded from liability for inaccurate test results.

The legislation comes amid renewed attention to allegations of drink spiking and drug-facilitated assaults, including recent claims involving disgraced former congressman Eric Swalwell, who denied drugging, choking and raping a woman in Los Angeles.

If approved by the Senate and signed by Gov. Gavin Newsom, AB 1982 would lock in the state’s current requirements indefinitely.

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