New California Law Requires Bars, Nightclubs to Conduct Drug Tests During Rape Cases – NBC 7 San Diego

WARNING: This story may contain disturbing details. Discretion is advised.

Drug testing devices are now available at some bars and nightclubs in San Diego County, part of a new state law aimed at preventing people from unknowingly getting high.

Starting Monday, the county’s nearly 200 Type 48 licensed establishments will be required to have kits that can detect the presence of “date rape drugs” or “roofies” – substances commonly used to enhance or spike drinks, often as a means of taking advantage of someone or committing sexual assault.

The California Department of Alcoholic Beverage Control (ABC) issues Type 48 licenses to bars and nightclubs that are restricted to people over the age of 21, sell alcoholic beverages and are not required to sell food. ABC estimates that 2,400 licensees in the state, including 193 in San Diego County, will be affected by the new law.

MAP: San Diego County bars and nightclubs required to have drug testing devices

Assemblyman Josh Lowenthal (D-Long Beach) is the author of Assembly Bill 1013, which was approved by Gov. Gavin Newsom last October. Lowenthal says drinking can happen anywhere, but it is most common in bars and nightclubs that serve alcohol.

“We want to start somewhere. Start with the Type 48 licensees, make an impact, and then expand if necessary until we have reduced sexual assaults,” he told NBC 7.

Lowenthal, who also owns a bar and restaurant, says many in the industry have long wanted to take action against alcohol consumption and sexual assault.

“It is unconscionable that people who work in this industry know that sexual assaults are occurring and are occurring indirectly when we serve alcohol, because there are perpetrators who use alcohol consumption as a mechanism to drug, you know, LGBTQ women and men, primarily, and commit sexual assaults,” the assemblyman said.

He says the law is especially important because sexual assault cases are underreported. According to a report from the Justice Department’s Bureau of Justice Statistics, only 310 out of every 1,000 sexual assaults are reported to law enforcement.

Julie Kazmi has owned a Pacific Beach dive bar called The Silver Fox for more than two decades.

Kazmi told NBC 7 that she was in a drug accident when she was 17. She said she was playing darts and cards with her friends at a house party when she suddenly woke up five hours later.

“This person I trusted tried to convince me that I was just really tired and had taken a nap,” Kazmi recalls. “I didn’t realize I was on drugs until years later… I couldn’t believe it.”

While Kazmi thinks having testing available is a great idea, she doesn’t think it should be a law.

“I think any good human being, a bar owner, a good human being, would potentially have an open mind to making these kits available without the law. I think it should be up to the establishment, the owners and the staff,” she said.

Many San Diego residents NBC 7 spoke with said providing testing kits at bars and nightclubs would help keep them safe.

“I think it’s a good resource to have,” Brandy Cho said.

But people were divided over whether it should become law.

“I think business owners should want to do this to protect the customers that come into their businesses,” said a San Diego resident who goes by the alias “Flossy B.” “They shouldn’t be letting people drink and drive, so they should be concerned about what’s going on in the drinks, the drugs and how people are being treated.”

Byron Walker, who was visiting from Las Vegas and planned to enjoy PB’s nightlife over the weekend, said he thinks bars should do more to protect their customers, such as serving drinks with lids.

“I feel like it’s a mandatory thing because with a lid you can’t just throw anything in there,” Walker said.

New California Law Requirements

To comply with the law, the devices — which can include test strips, stickers and straws — must test for at least one controlled substance, with the most common devices testing for ketamine and gamma-hydroxybutyrate, or GHB, according to ABC.

Lowenthal says the devices do not need to test for more substances because the bill focuses on awareness and prevention rather than catching perpetrators.

“It’s about showing these perpetrators that if they try to do this, they are in danger and could be arrested,” he said.

Licensees must procure their own kits and provide them for free or at a “reasonable price based on wholesale pricing,” the ministry said. The ABC does not recommend specific tests over others, but says they can be purchased in bulk for less than $1 per device.

“It seems like many tests are not the same,” Kazmi said. “What happens if there is a false negative? Where is the responsibility?”

The ministry said the licensee must ensure that the devices are not expired, but is not responsible for faulty tests or inaccurate results, such as false positives or false negatives.

“The important thing here is that we’re not trying to be too demanding of bars, nightclubs, restaurants, etc.,” Lowenthal said.

Additionally, establishments must post signs in clearly visible areas informing customers that testing kits are offered at their establishment — a requirement that made Kazmi uncomfortable because of the language used on the signs.

“The text on the sign really shocked me, and I’m required by law to display it in my bar,” Kazmi said. “As a 51-year-old woman, the fact that I see this and feel shocked, how are other women going to feel?”

The bar owner also says she fears the signs will suddenly make customers feel unsafe.

“My employees are worried that people will get confused and panicked by the signs and want a stripe for every drink, which will slow down the bar,” Kazmi said. “I think people will think this happens all the time here, but it doesn’t.”

There has been at least one reported incident at the Silver Fox. In 2019, a woman believed she had been drugged and claimed she passed out at the bar after walking away from her drink.

“I worked closely with the detective throughout the criminal investigation for sexual assault,” Kazmi said. “There was no evidence that it happened, but I’m not saying it didn’t happen… It’s the only thing I’ve had to deal with, and I feel like we handled it well.”

Establishments that fail to comply with the requirements of the law may receive an administrative fine against their license.

The law is set to expire on Jan. 1, 2027, but Lowenthal says repeal dates are often extended.

He also noted that while this is a new law, the testing devices are already being used in programs in California cities like Long Beach and West Hollywood, on college campuses and even in the U.S. military.

“California is the first state to have a requirement for clubs and taverns to have them, but I don’t think we’ll be the last,” he said.

What You Need to Know About Date Rape Drugs, According to a Medical Toxicologist

Dr. Richard Clark, MD, chief of toxicology at UC San Diego Medical Center, says many types of drugs have been used as date rape agents over the years, but they share specific characteristics.

“They usually have no taste, no smell, no appearance,” Clark told NBC 7.

Unlike stimulants that can give you more energy, drugs that boost drinks usually make people sleepier than usual.

“If you start to feel like the alcohol is having more of an effect on you than usual or you’re feeling sleepier than you should be at that time of night or after the type of work day you’ve had, those could all be symptoms of a date rape drug,” he said.

Some common date rape drugs, such as GHB, can disappear from the body within minutes. Others can take several hours to disappear.

But one of the biggest problems, as Clark explains, is that by the time you develop symptoms, you probably won’t recognize them because you’re sedated — and that process can happen relatively quickly.

Clark says you should take someone to a doctor immediately if they appear so sedated or intoxicated that you’re concerned they’ll fall asleep and won’t be able to stay awake.

In the worst cases, these drugs can cause death, Clark said.

“Fortunately, it’s rare, but depending on the amount added to the drink and your tolerance, it’s still a danger,” Clark said.

In addition to the tests available at bars and nightclubs, Clark says some pharmacies provide kits for common drugs. Other options include urine tests and specialized blood tests.

Clark says he only sees a fraction of date rape drug cases, but he believes only a small percentage of people exposed to the drug will realize it.

“I can only imagine that there are dozens of cases that potentially occur every weekend in San Diego that never come to the hospital, that may not even know they were given some kind of agent because they just thought, ‘I didn’t tolerate that alcohol well,’ or ‘Oh my gosh, I really drank a lot last night,’” Clark said.

If you or someone you know has been sexually assaulted, call the National Sexual Assault Hotline at 1-800-656-4673. The hotline, operated by the Rape, Abuse & Incest National Network (RAINN), can connect you with your local rape crisis center. You can also access RAINN’s online chat service here . Confidential chats are available in English and Spanish.