LONG BEACH, Calif. — A new item is coming to all bars and nightclubs in California — a date rape drug testing kit.
Starting July 1, establishments in California with a Type 48 license, including bars and nightclubs, must either sell or offer free drug testing kits for customers.
The law also requires businesses to display a sign letting people know that drug testing kits are available.
The sign reads, "Don't get roofied! Drink-spiking drug test kits are available here. Ask a staff member for details."
Given date rape drugs are usually odorless, colorless, and tasteless, it can often be hard to know if your drink was spiked until it's too late.
According to the bill's author, Assembly member Josh Lowenthal of Long Beach, the bill is meant to address and raise awareness about drink spiking.
"Due to the challenges of addressing and prosecuting this crime after it has taken place, preventative measures have proven to be the most effective means of deterring perpetrators and curbing instances of drink spiking, which is often used to facilitate other crimes such as sexual assault and rape," said Lowenthal in a statement to Spectrum News 1.
Those establishments that fail to meet the new requirements could get their liquor license suspended or fined. The law is set to expire in 2027 and does protest licensees from being held liable for a defective test or inaccurate result.
But before this was state law, the City of Long Beach had already tried this approach with its 'SipSafe' program , launched last September. The city says it continues to give away drug test kits for establishments to offer until supplies last.
Thea Mercouffer, owner of The Wicked Wolf Cocktail Lounge in Long Beach, participated in the Sip Safe program, saying she was eager to help customers stay safe everywhere they went.
"We always had three in the bathrooms and all around the counters and they went as soon as we provided them," said Mercouffer.
She says that although that is not a problem at her lounge, she was all for offering them to customers. However, now that her supply is done, she is concerned about having to buy the drug test kits herself to abide by the new law.
"They seem kind of outrageously expensive, like over a dollar, a dollar 50 per strip. That would essentially put us out of business. Then all we're doing is just buying these strips with every all the money that we make," said Mercouffer.
Like a few other bar owners, she says she recently learned about the law.
"The way that I found out about the law is from my sales pitch emails that said you need to get this by July 1st and we offered them. So then I looked into it and I was like, oh yeah, we actually do have to offer these. But it's interesting that the information came from someone trying to sell them to me," said Mercouffer.
The bill says all bars and nightclubs must offer the drug testing devices either for free or sell them at a "reasonable amount," but it does not give any guidance on which kit to get or how much to sell it for, a move Mercouffer says could defeat the purpose of the law.
"For free, people were really willing to get take them and they thought it was a good idea. But to buy them, I think they might forego that option and then we end up, you know, not actually protecting the people who need protection," said Mercouffer.
She feels the bill benefits the makers of the test kits more — a group that has supported it.
"I'm pleased to be joined by Lance Norris, the President of Drink Safe Technologies, one of the producers of the test strips and devices that are described in the bill. And he is here in support, to testify for the bill," said Asm. Lowenthal was present during a committee hearing for the bill last year.
For Mercouffer, the idea sounds great, but the execution needed more input from business owners.
“It feels like a little bit of a predatory sales pitch. You know, like you’re going to need to have these, so here, our company is offering them. And by the way, and they only cost a dollar 50 for one,” said Mercouffer.
She hopes to get more answers on resources to provide these kits without restructuring her business model to stay afloat.