New Law Requiring California Bars & Night Clubs To Offer "Date Rape" Drug Testing Kits Takes Effect July 1

June 5, 2024

A new law requiring some California bars & night clubs to offer patrons kits for testing for common date-rape drugs will soon go in effect.

The California Department of Alcoholic Beverage Control is informing its licensees and applicants that a new law will take effect mandating Type 48 license holders to offer drug testing kits for sale or at no cost to patrons beginning on July 1. 

AB 1013, introduced by Assemblymember Josh Lowenthal of Long Beach, requires establishments with a Type 48 license to display signage in a prominent and conspicuous location, letting patrons know drug testing kits are available to test for common date-rape drugs, often referred to as "roofies." 

The required signage must read: "Don’t get roofied! Drink spiking drug test kits available here. Ask a staff member for details." A sample sign is available on ABC’s website and can be downloaded and printed by licensees. Licensees are responsible for procuring testing kits. ABC does not sell or provide kits, and does not officially endorse any specific company that does. 

ABC is reaching out to Type 48 licensees to ensure awareness of the law, which impacts approximately 2,400 licensees across California. Type 48 licenses are issued to bars and night clubs. The license authorizes the sale of beer, wine, and distilled spirits for consumption on the premises where sold. Minors are not allowed on the premises, and food service is not required.

Additionally, Type 48 licensed premises must either offer the drug testing devices for sale to customers at a price not to exceed a reasonable amount based on the wholesale cost, or be given to customers free of charge. Drug testing devices could include test strips, stickers, straws or other devices that can detect the presence of controlled substances in drinks. These substances could include flunitrazepam, ketamine, and gamma hydroxybutyric (GHB) acid.

License holders who do not comply with the new law could face administrative actions impacting their licenses.