Answer: No. Legitimate property owners and event promoters are not in violation of the law just because a patron engages in illegal drug activity on their property. DEA Agents have clear guidance specifically advising them that property owners not personally involved in illicit drug activity are not in violation of the law.

Question: I enjoy going to raves where I dance and listen to techno music. Is this law trying to close down rave clubs?

Answer: No. People may continue to attend and hold legitimate rave events. This law does not target dancing, music, or any other form of expression. Rather, it targets people who promote events for the purpose of distributing or using illicit drugs-regardless if there is any dancing or music at the event. The law applies only to people who knowingly and intentionally allow the distribution, manufacture, or use of illegal drugs at their event. Rave goers should be aware that illegal drugs are readily available at many raves and need to know two dangers. The first is that drugs like Ecstasy-that are often advertised and "tested" as safe, are neither. The tests are unreliable, and Ecstasy is never safe at any dosage level. The second is that GHB and other predatory drugs can be surreptitiously slipped into anyone's drink and used to commit sexual assault.

Question: What if I host a private party and friends happen to light up a joint or pop an Ecstasy pill? Will the DEA use this law to arrest me?

Answer: No. This law only applies to people who control or manage a facility "for the purpose of unlawfully manufacturing, storing, distributing, or using a controlled substance." It does not apply to the activities of people in the privacy of their own homes. Nevertheless, it is important to remember that use and sale of illicit drugs anywhere remains illegal under the Controlled Substances Act.

Question: What is the "crack house statute" I keep hearing about?

Answer: This law was enacted 17 years ago and became known as the "crack house statute" (21 USC 856). It permitted the Justice Department to prosecute property owners who knowingly and intentionally allowed others to use their property to hold events for the purpose of distributing or using drugs. For example, it was used to prosecute people such as motel owners and car repair shop owners who knowingly and intentionally allowed their premises to be used for drug distribution.

Question: How does the new law change the "crack house statute?"

Answer: The newly enacted Illicit Drug Anti-Proliferation Act of 2003 amended the statute to make it more feasible to successfully prosecute rogue event promoters. It clarifies that the law applies to promoters as well as owners, to any location rather than just the previously defined "enclosures," and to one-night events as well as on-going events. The changes were necessary to close loopholes in existing law because rogue promoters could evade prosecution in several ways.

Question: Won't it be easy for prosecutors to "prove" that an individual promoted an event for the purpose of drug use?

Answer: No. In fact, proving that an event is held for the purpose of drug use is a high legal threshold. It would not apply to events where people just happened to use drugs-a prosecutor would have to show that the promoter or property owner knew that a purpose of the event was the sale or use of drugs and the promoter or property owner took steps to facilitate and publicize that illicit activity and allowed it to occur.

Question: How can citizens be sure that DEA agents across the country will enforce this law in a uniform manner?

Answer: All DEA offices have been provided with guidance regarding the implementation of this new statute. This guidance also establishes procedures within DEA to obtain Headquarters review of proposed enforcement activity under the Act. This will ensure that all DEA activity under the Act complies with its terms and intent and with the First Amendment.