SPEAKERS CONTENTS INSERTS
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62–309
2000
CONTROLLED
AND UNCONTROLLED SUBSTANCES USED TO COMMIT DATE
RAPE
HEARING
BEFORE THE
SUBCOMMITTEE ON CRIME
OF
THE
COMMITTEE ON THE JUDICIARY
HOUSE OF REPRESENTATIVES
ONE HUNDRED
FIFTH CONGRESS
SECOND SESSION
ON
H.R. 1530
JULY 30,
1998
Serial No. 151
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Printed
for the use of the Committee on the Judiciary
For sale by the U.S.
Government Printing Office
Superintendent of Documents, Congressional Sales
Office, Washington, DC 20402
COMMITTEE ON THE JUDICIARY
HENRY J. HYDE,
Illinois, Chairman
F. JAMES SENSENBRENNER, Jr., Wisconsin
BILL
McCOLLUM, Florida
GEORGE W. GEKAS, Pennsylvania
HOWARD COBLE, North
Carolina
LAMAR SMITH, Texas
ELTON GALLEGLY, California
CHARLES T.
CANADY, Florida
BOB INGLIS, South Carolina
BOB GOODLATTE,
Virginia
STEPHEN E. BUYER, Indiana
ED BRYANT, Tennessee
STEVE CHABOT,
Ohio
BOB BARR, Georgia
WILLIAM L. JENKINS, Tennessee
ASA HUTCHINSON,
Arkansas
EDWARD A. PEASE, Indiana
CHRIS CANNON, Utah
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JAMES
E. ROGAN, California
LINDSEY O. GRAHAM, South Carolina
MARY BONO,
California
JOHN CONYERS, Jr., Michigan
BARNEY FRANK,
Massachusetts
CHARLES E. SCHUMER, New York
HOWARD L. BERMAN,
California
RICK BOUCHER, Virginia
JERROLD NADLER, New York
ROBERT C.
SCOTT, Virginia
MELVIN L. WATT, North Carolina
ZOE LOFGREN,
California
SHEILA JACKSON LEE, Texas
MAXINE WATERS, California
MARTIN
T. MEEHAN, Massachusetts
WILLIAM D. DELAHUNT, Massachusetts
ROBERT WEXLER,
Florida
STEVEN R. ROTHMAN, New Jersey
THOMAS E. MOONEY,
Chief of Staff-General Counsel
JULIAN EPSTEIN,
Minority Staff Director
Subcommittee on Crime
BILL
McCOLLUM, Florida, Chairman
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STEPHEN
E. BUYER, Indiana
STEVE CHABOT, Ohio
BOB BARR, Georgia
ASA HUTCHINSON,
Arkansas
GEORGE W. GEKAS, Pennsylvania
HOWARD COBLE, North
Carolina
JAMES E. ROGAN, California
LINDSEY O. GRAHAM, South
Carolina
CHARLES E. SCHUMER, New York
SHEILA JACKSON LEE,
Texas
MARTIN T. MEEHAN, Massachusetts
ROBERT WEXLER, Florida
STEVEN R.
ROTHMAN, New Jersey
PAUL J. MCNULTY, Chief
Counsel
GLENN R. SCHMITT, Counsel
DANIEL
J. BRYANT, Counsel
NICOLE R. NASON,
Counsel
MELANIE SLOAN, Minority
Counsel
C O N T E N T S
HEARING
DATE
July 30, 1998
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TEXT
OF BILL
H.R. 1530
OPENING
STATEMENT
McCollon, Bill, a Representative in
Congress from the State of Flordia, chairman Subcommittee on
Crime
WITNESSES
Carter, Joye M., M.D.,
Chief Medical Examiner, Joseph A. Jachimczyk Forensic Center, Houston, TX
Doering, Paul, Professor, Department of Pharmacy
Practice, University of Florida
Farias, Raul,
LaPorte, TX
King, John H., III, Deputy Assistant
Administrator, Office of Diversion Control, Drug Enforcement Administration,
U.S. Department of Justice
Stevens, Michael,
Detective, Undercover Drug Investigations, Orlando Police Department, Orlando,
FL
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LETTERS,
STATEMENTS, ETC., SUBMITTED FOR THE
HEARING
Carter, Joye M., M.D., Chief Medical
Examiner, Joseph A. Jachimczyk Forensic Center, Houston, TX: Prepared statement
King, John H., III, Deputy Assistant
Administrator, Office of Diversion Control, Drug Enforcement Administration,
U.S. Department of Justice: Prepared statement
Porrata, Trinka: Article entitled ''Gamma
Hydroxy Butyrate, Old Drug—New Tricks''
Ronald,
Ken, Chief, Congressional Affairs, Drug Enforcement Administration, U.S. Dept.
of Justice: Letter to Dan Bryant, Counsel, Subcommittee on Crime, House
Judiciary Committee, dated August 31, 1998
Stevens, Michael, Detective, Undercover Drug
Investigations, Orlando Police Department, Orlando, FL: Prepared statement
APPENDIX
Material submitted for the record
CONTROLLED AND UNCONTROLLED SUBSTANCES USED TO COMMIT DATE
RAPE
THURSDAY, JULY 30, 1998
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House
of Representatives,
Subcommittee on Crime,
Committee on the
Judiciary,
Washington, DC.
The subcommittee
met, pursuant to call, at 2:08 p.m., in Room 2237, Rayburn House Office
Building, Hon. Bill McCollum [chairman of the subcommittee]
presiding.
Present: Representatives Bill
McCollum, Steve Chabot, Bob Barr, Asa Hutchinson, Howard Coble, and Sheila
Jackson Lee.
Staff Present: Paul J. McNulty,
Chief Counsel; Daniel J. Bryant, Counsel; Nicole R. Nason, Counsel; Veronica
Eligan, Clerk; and Melanie Sloan, Minority Counsel.
OPENING STATEMENT OF
CHAIRMAN McCOLLUM
Mr. MCCOLLUM. The
Subcommittee on Crime will come to order.
In the
104th Congress we addressed the devastating and cowardly crime of drug-induced
rape when we passed the Drug-Induced Rape Prevention and Punishment Act. By
increasing the penalties for the abuse and use of flunitrazepam, I hoped we had
given some measure of protection to young women, particularly college students,
who were unaware of the dangers of drug-induced rape. Despite our best efforts,
however, new drugs which have similar properties as the old flunitrazepam
formula are popping up at nightclubs and college campuses nationwide.
Unfortunately, they are beginning to gain real popularity.
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The
Associated Press reported yesterday that two Penn State students were rushed to
a local hospital after intentionally ingesting gamma hydroxybutyrate, popularly
known as GHB. The director of the University's Office of Student Health Services
was particularly upset, since Penn State's students are warned about potential
date rape drugs at orientation. GHB is one of the drugs discussed at that
orientation, and yet the message clearly did not get
through.
In its liquid form, GHB is sold by the
capful for about $10. It can also be ingested in powder form. Either way, it
dissolves quickly in alcohol and can take effect within 15 minutes. GHB can
cause vomiting, dizziness, tremors and seizures, and victims frequently lapse
into unconsciousness and require hospitalization. Although it was banned in the
United States by the FDA in 1990, the Drug Enforcement Administration has
received reports of GHB being used to incapacitate victims before the commission
of a sexual assault.
How then are young students
getting their hands on a drug which is banned in the United States? The answer
is the Internet. Once again, the Internet is being manipulated by those who
would take advantage of its wide accessibility and protections of
anonymity.
The instructions for concocting GHB
abound on the web, which is extremely dangerous since the drug can be
manufactured at home with a few simple products available from hardware stores
and specialty foods stores. Some sites even offer the visitors an opportunity to
purchase any items which they may not be able to obtain locally. Unfortunately,
this information is usually inaccurate and misleading. One particularly sinister
web site even noted that GHB was very effective as a precursor for sex since it
lowered a woman's inhibitions. To me this sounds like a direct invitation for
date rape.
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Like
flunitrazepam, I am certain that GHB does have some valuable medical uses. I am
aware that the FDA allows certain physician-supervised GHB studies to continue
in the United States, and we certainly do not want to overreact to the
issue.
The same is true of other drugs which we
may be discussing here today, such as the drug ketamine hydrochloride, known on
the street as ''Special K''. The abuse of ketamine is clearly on the rise. It
has been coupled in the media with the crime of drug-induced date rape, but
little evidence exists thus far to associates it with that hideous act. There
may be persons who could benefit greatly from the use of GHB or ketamine, and,
as I always hope, this hearing will provide us with some opportunity to learn
more about these drugs.
We all know rape is a
crime of power in which the aggressor tries to exert control over the victim
through the sexual assault. It is one of the worst crimes which can be
committed, and yet, astonishingly, the criminal element in our society has found
a way to make it even worse. Rape becomes even more cowardly when the victim is
incapacitated through the surreptitious use of
drugs.
Today we will hear some tragic stories
about the misuse of GHB and ketamine. We will also discuss the abuse of
flunitrazepam in the United States since the passage of our legislation in the
last Congress. I certainly hope that the DEA has some good news to offer
regarding what effects the passage of that act had on the incidents of
drug-induced rape.
I want to particularly thank
the gentlewoman from Texas, Ms. Jackson Lee, for her unyielding commitment to
this important issue. She is a dedicated member of this subcommittee, and I know
this hearing is very significant for her.
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I
also appreciate all of the witnesses being here today, to help us think through
what response would be the most effective and appropriate for Congress to take
to resolve this continued and apparently very aggressive
problem.
Miss Jackson Lee, would you like to make
opening remarks?
Ms. JACKSON LEE. I
thank you very much, Mr. Chairman. And first of all, let me thank you for
working so evenhandedly and so closely with me on this particular legislation,
and particularly the dedication of your staff, Paul McNulty, and the willingness
that you expressed in holding this hearing
today.
The legislation we are introducing here
today has a great personal importance to me. We are here to discuss legislation
which focuses on the use of controlled and uncontrolled substances to commit
date rape. Violence against women is a social evil that we must
address.
Drug facilitated date rape is just one
manifestation of this complex issue. As legislators, parents, brothers, sisters,
and aunts and uncles, mothers and fathers, we must work to protect our loved
ones from the insidious harm resulting from the use of these misused
drugs.
Like you, Mr. Chairman, I recognize that
there are those who will argue for the medical prowess, if you will, of both the
drugs we are concerned with today. But I hope this hearing will help explore
those questions, and that we will have a full understanding and we will come
down on the side of protecting the innocents.
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This
issue, and this legislation, is a result of a tragedy which has been carried out
in many States and cities in our country. The bill I have introduced, H.R. 1530,
is named for a young woman, Hillory Janine Farias, from LaPorte, Texas, who died
on August 5th, 1996 at age 17 from an overdose of GHB. I think it was this
picture of her on the television screen, showing her as a lovely young teenage
girl, that got my attention that evening.
On the
night she died, Hillory and two girlfriends went to a dance club. Witnesses said
that Hillory consumed only soft drinks while at the club. Not long afterwards,
she complained of feeling sick and having a severe headache. A friend took her
home and she went to bed. The next morning Hillory's grandmother discovered her
lying in bed unconscious and not breathing. She rushed her to the hospital, but
Hillory never regained consciousness.
Hillory
Farias was going to be a senior at LaPorte High School. According to those who
knew her, Hillory was neither a drinker nor drug user. In fact, she was a
clean-cut girl, a model student, a varsity volleyball player, and I remembered
that most, and a talented overall
athlete.
Unfortunately, this story is the not so
unusual. The Los Angeles County Sheriff's Department recently successfully
prosecuted a man and two accomplices for drugging and raping 10 women and
poisoning six others. Numerous photographs depicting sex between the men and
unconscious women were found in the defendant's van. On New Year's of 1996, 30
to 50 people collapsed from ingesting a GHB analog. Luckily, all of them
received medical attention and survived, including a 17-year-old who suffered a
heart attack.
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The
DEA has been working on placing this drug on Schedule I of the Controlled
Substances Act at the Federal level. Many of our districts have already assigned
GHB to Schedule I or II, including Georgia, Rhode Island, Illinois, Alaska,
Louisiana, Tennessee, Hawaii, and Nevada.
After
the death of Hillory, in my own State, I decided something must be done at the
Federal level to combat the use of these dangerous drugs as a tool of date rape.
H.R. 1530, the Hillory J. Farias Date Rape Prevention Drug Act, directs the
Attorney General to schedule GHB as a Schedule I drug and ketamine as a Schedule
II drug.
It also directs the Attorney General to
establish programs throughout the country and disseminate materials to provide
young people in high school and college with education about the use of
controlled substances in the furtherance of rape and sexual assault, and as well
in using it at all.
Both GHB and ketamine have
been used as date rape drugs, rendering the victim helpless to defend herself
against the attack and even obliterating memory of the attack. It is responsible
for as many as 60 admissions in the past 6 months to emergency rooms in Houston
alone. To date, there have been 16 deaths officially attributed to GHB use.
However, many more deaths have undoubtedly gone without notice, since GHB is not
part of a standard toxicology screen.
Although
GHB is not produced legally in the United States, much of it is either smuggled
across United States borders—and by the way, Mr. Chairman, there are 16 sites in
Mexico that are now making these drugs—or else is illegally created in home labs
and bathtubs by those who can easily access this date rape drug recipe through
the Internet.
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Scheduling
a drug on the Federal Controlled Substances Act allows prosecutors to all punish
anyone who uses scheduled drugs in any sexual assault crime to suffer penalties
under the Drug-Induced Rape Prevention and Punishment Act of 1996. If we fail to
schedule GHB as a level I or level II drug covered by the Controlled Substances
Abuse Act, drug analogs of GHB, which are those chemical substances which have
almost exactly the same chemical makeup as the drug itself, will take its place
on the market, leaving law enforcement without legal
recourse.
Finally, my legislation, unlike that of
my colleague, Representative Stupak, will ensure that those who illegally
possess and/or produce GHB, or any closely-related compound with the same
effects, can be and will be prosecuted to the full extent of the
law.
When we balance the pros and cons of this
legislation, and I know as a lawmaker and a parent of two children that there is
always more than one way to look at an issue, we can only conclude that we do
whatever is necessary to stop both the illegal production and illegal use of
this dangerous drug.
My legislation also
schedules ketamine in Schedule II of the Controlled Substances Act. And as you
said, ketamine is used as an anesthetic, primarily for veterinary use. It will
be able, under Schedule II, to be used properly. Ketamine is only available to
physicians and not commonly sold as an illicit drug, but is only scheduled in
several States. And like GHB, ketamine also is used as a tool of sexual assault
against unsuspecting girls and women. And like GHB, it is equally as important
to schedule that drug federally so that we can limit the abuse of this drug.
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I
believe we must do whatever we can to stop the abuse of these harmful drugs. I
hope my colleagues will support this legislation and our efforts to protect
girls and women from the violent crime of sexual assault through these date rape
drugs. I would really prefer to have Hillory alive today, but I hope we can do
something in tribute to her life and that of her family, and young girls and
young boys across the Nation.
Mr. Chairman, I
thank you very much for the holding of this
hearing.
[The bill, H.R. 1530,
follows:]
105TH CONGRESS
1ST SESSION
H. R.
1530
To schedule Gamma y-hydroxybutyrate in schedule I of the Controlled
Substances Act and to schedule Ketamine in schedule II of such Act and for other
purposes.
IN THE HOUSE OF
REPRESENTATIVES
MAY 5, 1997
Ms. JACKSON-LEE of Texas
(for herself, Ms. MCKINNEY, Mrs. MEEK of Florida, Mrs.
TAUSCHER, Ms. KILPATRICK, Mrs. LOWEY, Mrs.
MORELLA, Ms. VELÁZQUEZ, Ms. MILLENDER-MCDONALD,
Mr. BISHOP, Mr. PALLONE, Mr. WEXLER, Ms.
STABENOW, Ms. MCCARTHY of Missouri, Ms.
ROYBAL-ALLARD, Mr. BENTSEN, Ms. DELAURO, Mr.
HINOJOSA, Mr. RODRIGUEZ, Mr. REYES, and Mr.
SERRANO) introduced the following bill; which was referred to the
Committee on Commerce, and in addition to the Committee on the Judiciary, for a
period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
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A
BILL
To schedule Gamma y-hydroxybutyrate in schedule I of the Controlled
Substances Act and to schedule Ketamine in schedule II of such Act and for other
purposes.
Be it enacted by the Senate and
House of Representatives of the United States of America in Congress
assembled,
SECTION 1. SHORT
TITLE.
This Act may be cited as the ''Hillory J.
Farias Date Rape Prevention Drug Act''.
SEC. 2. DRUG
SCHEDULING.
The Attorney General shall schedule Gamma
y-hydroxybutyrate in schedule I of the Controlled Substances Act (21 U.S.C. 812)
and shall schedule Ketamine in schedule II of such Act.
SEC. 3. EDUCATION AND
DRUG ABUSE PREVENTION.
The Attorney General shall
establish programs throughout the United States and disseminate materials to
provide young people in high school and college with education about the use of
controlled substances in the furtherance of rape and sexual assault and shall
assist law enforcement personnel in the prevention of abuse of controlled
substances for such purpose.
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Mr.
MCCOLLUM. Thank you, Ms. Jackson
Lee.
Does anyone on this side wish to make an
opening statement?
Mr.
Hutchinson.
Mr. HUTCHINSON. Thank you,
Mr. Chairman. I will try to be brief, but I do commend you for holding this
hearing, and there have been a couple of recent Arkansas cases that dramatize
the serious nature of the crimes in question and the difficulty of
prosecution.
In both cases that I am thinking of,
memory was a very serious problem for the prosecutors in handling the case. In
one case six women testified that they had been drugged and raped by the same
man. Samples taken during subsequent physical exam proved crucial to the case,
which was otherwise hindered by the victims' lack of memory as a consequence of
the drug.
The many legal and emotional problems
faced by victims and the difficulties associated with prosecution point up the
need for serious penalties for mere possession. The use of drugs such as
Rohypnol, which was used in the Arkansas cases, make these cases even more
difficult because of the memory loss. Like the women from Arkansas, victims lose
control of their faculties and cannot remember the events leading up to the
rape.
Another Arkansas case was successfully
prosecuted because the rapist videotaped his encounters, and the tapes were
obtained and used by prosecutors to demonstrate the effects of the drug and the
subsequent sexual assault. Few victims are able to present such convincing
evidence, and that is why, Mr. Chairman, it is so important that the mere
possession of such drugs carries severe penalties. In the case that I just
mentioned, the victim would not even have been identified without the discovery
of the videotape.
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But
it is equally important that we extend our discussion of date rape drugs to
others that the chairman has mentioned, not just Rohypnol but GHB and ketamine
as well. Neither of these drugs is currently controlled or scheduled in the
United States, and this I hope will be discussed during this
hearing.
So I look forward to the testimony
today. I thank you for this hearing, and I think we also ought to look at
greater education and preventive efforts on our college campuses because of the
dangerous nature of these drugs. Thank you, Mr.
Chairman.
Mr. MCCOLLUM. Mr.
Coble.
Mr. COBLE. Briefly, Mr.
Chairman, I thank you for having this hearing. Schedule I may or may not be the
appropriate course to pursue. Hopefully we will know more about this after this
hearing. If in fact the drug at issue does have some value for medicinal
purposes, and I have been told that studies are underway to either confirm or
refute that, I think we need to be careful in charting this course toward
Schedule I, given the possibility of that.
I
thank the chairman.
Mr. MCCOLLUM.
Thank you, Mr. Coble.
Mr. Chabot.
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Mr.
CHABOT. Thank you, Mr. Chairman. I also will be brief. I want to
thank you for holding this important hearing. I share your concern about the
dangers of these drugs, and I share your concern for the safety of women who
have been victimized by these dangerous
drugs.
These date rape drugs present a real
danger to women across the country. In fact, there is currently a case in my
hometown of Cincinnati where a man allegedly used date rape drugs to attack at
least eight women. It is vital that we take strong steps to protect them and
women like them from these deranged acts.
Mr.
Chairman, as you know, Federal, State and local law enforcement agencies, drug
abuse prevention organizations, independent studies and media reports have
raised serious concerns about the trafficking of controlled substances,
including, in particular, date rape drugs from Mexico. While Rohypnol has been
banned in the U.S., many other dangerous controlled substances have taken its
place.
For example, Texas law enforcement
officials, in undercover videotape, have discovered that since Rohypnol was
banned, Mexican pharmacies have been offering other drugs, such as Rivotril
substitutes. While this problem is most notable in communities along the
U.S.-Mexican border, it impacts communities well outside the Southwest. A study
in Laredo found that residents of 39 States crossed the border and returned to
the U.S. with a variety of drug products.
Mr.
Chairman, Congress has and is continuing to fight the war on drugs to protect
our children, our communities and our families. It is important that we
highlight the danger of these drugs and take significant steps to stop them. I
know that you share this concern, and I appreciate your leadership and
commitment in stopping these dangerous drugs.
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Mr.
MCCOLLUM. Thank you.
Mr. Barr, do you
have any opening comments?
Mr. BARR.
Just to the chairman for convening these hearings. I would like to also thank my
colleague from Texas, Ms. Sheila Jackson Lee, for introducing the legislation
and providing a great deal of support for moving these hearings
forward.
As all of us here know, we began looking
at this matter a couple of years ago, and while there has been some progress
made with regard to some changes in the drug Rohypnol, it still remains a
serious problem.
I am looking forward to the
testimony today and to continuing to remain in contact both with our colleagues
that support legislation to address this, and I count myself among that group,
but also to continue to hear from our colleagues at DEA, which has spent a great
deal of time over the past year in conducting a very extensive study of this
matter; and also maintaining contact with those in the industry itself, which I
think are, in large part, taking a very responsible attitude toward trying to
address these problems and, where possible, to make changes to the composition
of and the properties of some of these drugs so that it makes their unknowing
ingestion by other people much less likely.
And
while all of these things are important, the problem remains for us that there
are innocent people being harmed and, in some instances, killed in this country
through these sorts of drugs such as GHB. So I think through these hearings and
the additional work that we will be doing, I have every confidence that we will
be able to craft a piece of legislation that follows on the legislation that we
passed in the last Congress that continues to fine-tune the concerns that we
have to provide for whatever level of criminal penalties are appropriate based
on sound scientific and medical analysis.
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This
hearing today, particularly focusing on the legislation by Ms. Jackson Lee, I
think is very appropriate and will be very, very beneficial, and I commend the
chairman for holding these hearings.
Mr.
MCCOLLUM. Thank you, Mr. Barr.
We are
now ready for our witnesses, and the subcommittee's first witness is Mr. Raul
Farias, I believe is the correct pronunciation. He may come forward and take a
seat.
Mr. Farias is from LaPorte, Texas. He is
the uncle of Hillory Farias, who, as you heard from Ms. Jackson Lee, was
tragically killed by the date rape drug known as GHB. Mr. Farias and his wife,
Maria, are the proud parents of four children. They have been active in speaking
out against the drug GHB since Hillory's death and have established a
scholarship in memory of Hillory. Commendably, they have turned their personal
tragedy into a commitment to educate communities on the dangers associated with
GHB.
Our second witness is Dr. Joye Carter. Dr.
Carter is the chief medical examiner of Harris County. She served as the chief
medical examiner for the District of Columbia for 4 years, while also serving as
assistant clinical professor in the Department of Pathology at Howard University
and as associate professor in the Department of Forensic Science at George
Washington University.
Dr. Carter is currently
assistant clinical professor in the Department of Pathology at Baylor College of
Medicine and assistant clinical professor in the Department of Pathology at the
University of Texas. She has been published in many medical journals over the
years and is a recognized expert in pathology. Dr. Carter received her doctorate
in medicine from Howard University.
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Our
next witness on this panel is Detective Michael Stevens from the Orlando Police
Department's Drug Enforcement Division. Detective Stevens has been extensively
involved in undercover investigations of the Rave drug scene and has conducted
training courses regarding the Rave trend and designer drugs for the Orange
County, Florida Corrections Department and the Florida Department of Probation
and Parole.
He has testified before the Tampa,
Florida City Council regarding Rave activities, designer and club drugs, as well
as groups selling and distributing them. He has received an Orlando Police
Department Award of Commendation for his work associated with having ketamine
classified as a controlled substance in the State of
Florida.
Detective Stevens is a graduate of the
Brevard County Law Enforcement Academy and served for more than 5 years in the
United States Marine Corps as a military police officer. I have to especially
say I am proud of the fact he is from my home,
Orlando.
Our fourth witness is Mr. Paul Doering,
distinguished service professor in the Department of Pharmacy Practice at the
University of Florida College of Pharmacy. Professor Doering is also co-director
of the statewide Drug Information and Pharmacy Resource Center. He is a frequent
speaker to on-campus groups, helping to educate college students about the risk
of using drugs for recreational
purposes.
Professor Doering has been recognized
four times as Teacher of the Year for the College of Pharmacy, and in 1995 was
named to his present position, making him the first distinguished service
professor in the College of Pharmacy's history to be awarded this high
honor.
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Professor
Doering received his B.S. Degree in pharmacy from the University of Florida and
his M.S. in clinical pharmacy. It is a distinct pleasure to welcome a fellow
Gator.
You have one constituent and I only have
one constituent, but I did go to the University of Florida so I claim two of
panel. You can claim Dr. Carter and we will be even. How about
that?
Ms. JACKSON LEE. Yes, and Mr.
Farias.
Mr. MCCOLLUM. Let me say I
first of all want to welcome each of you here. Your complete statements will
appear in the record, without objection, and I would request that you summarize
for us, hopefully as briefly as 5 minutes or so, as we have limited time this
afternoon.
Secondly, I want to say before you
commence that I am grateful, as all the committee members are, for your
understanding today. We moved this hearing, if anyone here in the room didn't
know, from this morning to this afternoon because of the funeral services for
one of the police officers slain here in the Capitol, Detective Gibson, and we
really appreciate your indulgence in that
regard.
I will go in the order in which I
introduced you, so we will start Mr. Farias. Did I get that
right?
Mr. FARIAS. Farias.
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Mr.
MCCOLLUM. So I actually had that right. So, Mr. Farias, please
proceed.
STATEMENT OF RAUL FARIAS, LaPORTE,
TX
Mr. FARIAS. First, I want to thank
the chairman, Bill McCollum, and Ranking Member Charles Schumer for holding this
hearing on this use of controlled substances used to commit date rape. I would
especially like to thank Congresswoman Sheila Jackson Lee of Houston, Texas, for
sponsoring H.R. 1530, in which, with the permission of my family, she most
appropriately named the bill the Hillory J. Farias Date Rape Prevention Drug
Act. I would like to thank her and her entire staff for their tireless efforts,
for bringing this legislation forward. We appreciate that very
much.
Again, my name is Raul Farias, uncle of
Hillory Farias, who was murdered August 5th, 1996, by a date rape drug called
GHB which was slipped into her Sprite.
The week
before Hillory's death she had attended a volleyball camp held at Southwest
Texas State University at San Marcus, Texas, sponsored by the University of
Texas. This was the first time Hillory had ever gone away by herself. It was a
week-long camp, and Hillory got homesick pretty quickly. She started calling two
or three times a day, and then we called her also, so it was a very difficult
time for all of us.
Saturday, my brother, my
mother and my father went to go see her perform, and I remember my brother Rubin
telling me that as soon as Hillory saw them she broke into tears. It was pretty
evident that she missed everyone.
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When
Hillory returned on August 4th, my family went to my mother's house to go see
how she was doing. My son, 5 years of age, and my daughter, 3 years of age at
the time, really had missed her. Hillory loved my children in a very special
way. She always made time to spend time with them almost every
day.
And our visit that Sunday was about 2 hours.
We played, we talked, then it was time for us to go back home. We all gave
Hillory a kiss good-bye. I was the last to leave. I leaned over and I told her
that I loved her and I would see her the following
day.
I was real happy for her. She came back with
a great outlook for her senior year. She had won a lot of awards at camp. She
was very proud. I had never seen her so happy and confident, and she told me
that she was ready for the upcoming volleyball season and was praying for a
scholarship, hopefully from the University of Texas. She was looking forward to
the homecoming, the prom, graduation, and her first date. She was full of
life.
The next day, August 5th, I was at work
when my mother, Hillory's grandma, called. She could not wake up Hillory. My
mother sounded rather shaky. Then mom told me she was cold, and I told her to
call 911. Then she hung up the phone. And at that moment I knew Hillory was in
trouble. I had a gut feeling that Hillory had just
died.
I drove from work to the hospital. It was a
30-mile trip, and all the way up there I prayed to God to spare her life and
take mine. When I arrived, my brother met me outside and he told me that Hillory
didn't make it. I couldn't believe it. The previous day I had just told Hillory
I would come by and see her. Now, I am seeing her lying peacefully and
breathless. She looked like she was just sleeping, and I told the nurses to come
and revive her because she looked fine, and the nurses just told me that she was
gone. She's gone.
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The
baby that came into our lives 17 years ago, the one that used to cry for me when
she was in trouble, I wasn't there to protect her. I wasn't there to protect her
from the evil that took her life away.
This all
happened the night she came back from volleyball camp. Hillory and a friend went
to a night spot, it was a teen night, to see all her friends from high school.
It was like a school gathering before school started. Hillory came home around
midnight. Grandma was waiting for her, as usual, and she told Hillory to go
brush her teeth and go to bed for the following day, and Hillory complained of a
headache. She took some aspirins, went to sleep and never woke up. Someone had
slipped GHB into her Sprite. She was
murdered.
Hillory never drank alcohol, never
smoked, and was drug free. The investigation has proved all of this, and what is
so honorable about the investigation, the one thing that stood out in the
investigation is that Hillory's character was recognized by all that were
interviewed. We already knew Hillory was special, but to hear from hundreds of
other people, it was just something very special and something very meaningful
to the family.
Hillory will never get the
scholarship she dreamed of. She will never go to the prom. She will never
experience her first date. She will never graduate. My children, every night
they pray to God so God can play volleyball with her so she won't be alone. I am
just telling you how I am feeling. I can't even start telling you how Hillory's
grandparents are feeling. They are the ones that raised
her.
Yes, our family has been through a very
difficult time, but what happened to Hillory also has touched the community, the
Nation and the world. Hillory's death tells the story of what is wrong with this
world today. The alleged killer to have done this to Hillory is one of her best
friends.
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We
teach our children to be aware of strangers. Well, we have gotten to the point
to where we cannot trust anyone, including friends or even family.
Accountability has gone away from our society. Children are being raised with no
morals. Our Nation has followed the same path. It is one thing to be a willing
participant of drug use, but it is another when you are participating
unwillingly or unknowingly.
Please put this bill
into action. We need to protect our youth; need to protect our daughters, sons,
nieces and nephews, and hold people accountable for their actions, especially
when it comes to defenseless rape and
murder.
Before I close, I know there are some
people that want this drug to be a Schedule III, and the problem with that is
the damage has been done. You can get the information, the recipe on how to make
GHB, on the Internet. Therefore, if it becomes Schedule III, then no one will
ever be held accountable for any type of murder or defenseless
rape.
And I do want to thank you very much for
having me here, and I leave this up to God's hands. Thank
you.
Mr. MCCOLLUM. Thank you very
much, Mr. Farias, for telling us a very touching and very emotional story
through your own testimony.
Dr. Carter, you are
recognized.
STATEMENT OF JOYE M. CARTER, M.D., CHIEF MEDICAL EXAMINER,
JOSEPH A. JACHIMCZYK FORENSIC CENTER, HOUSTON, TX
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Ms.
CARTER. Good afternoon, Mr. Chairman and members of the Subcommittee
on Crime. As a physician and forensic pathologist, my responsibilities include
investigating deaths due to natural and unnatural causes, as well as promoting
social change and improved health care through information gained by close
examinations of the dead body. And I consider it an honor to speak on behalf of
the dead, who can no longer tell their
story.
Substance abuse is a very broad category
encompassing addiction to alcohol, prescription drugs, illicit drugs, and
naturally occurring chemicals such as sugar, caffeine and fats. It is the
leading cause of death when we investigate accidents, suicides, homicides, and
even natural cases.
In the Harris County
experience, 25 percent of all accidental deaths are due to drug ingestion. The
most common drug, of course, is ethyl alcohol. Other drugs detected with
frequency in the dead body include cocaine, marijuana, codeine, morphine,
methadone, PCP, also things such as aspirin and Tylenol. Other drugs are
detected with less frequency. Those include ketamine, inhalants, which can
encompass many household chemicals, LSD, and date rape drugs. I would like to
focus my comments on this latter category of abused
substances.
Date rape drugs is a very complex
entity which has been highlighted by the media in recent years. The two most
notable drugs, gamma hydroxybutyrate, known as GHB, and Rohypnol are the most
frequently discussed. Rohypnol is in the category of benzodiazepines. Other
drugs also in that category come under Valium, Atavan, Xanax, Halcion or
Librium. Other preparations which should be considered are Benadryl, even things
such as Nytol, which can be purchased over the counter. The ''date rape'' phrase
suggests these drugs are unknowingly consumed and a sexual encounter takes place
after the victim has been intoxicated.
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GHB
is in the category of a CNS, or central nervous system depressant. Its first
phase is to reduce inhibitions, just like alcohol. The common denominator of the
different drugs I previously mentioned is they interfere with memory, some even
cause amnesia, thereby making sexual assault all the more difficult to
document.
The Harris County Medical Examiner's
Office set a precedent in 1996 when a case was ruled homicide due to gamma
hydroxybutyrate toxicity. You have already heard about the life of Hillory
Farias, certainly well-known in southeast Texas. She had gone to a dance club.
She complained of a severe headache and, indeed, she never woke
up.
The medical examiner was notified of a sudden
death in a teenager, and Ms. Farias' family had made a conscious decision to
give the gift of life. The diagnosis working at that point had been a sudden
death due to an accidental hemorrhage in the brain. At autopsy no abnormalities
were found. Repeated drug testing finally revealed the presence of GHB in her
blood and in the fluid from the eye. It took us 2 months to detect this
chemical.
The investigation, indeed, did not
suggest any experimentation previously with drugs. The blood level was low, by
our forensic standards, but we must take into consideration the half-life of GHB
is as little as 1 hour. It may disappear from the body fluids in 12 hours. Our
tests were performed on urine.
GHB can be
naturally occurring but also is easily manufactured by simple chemicals which
are available at your local hardware store. You don't need a degree in chemistry
to manufacture this drug. It is, indeed, sold on the black market. The
instructions are, of course, listed on the Internet. It was originally marketed
to health food stores for body builders and as a diet and sleeping aid.
Page 29 PREV PAGE TOP OF DOC
Its
central nervous system activity, that of a depressant, and numerous complaints
that ranged from nausea to seizure activity and coma were recognized, and in
1990 the FDA removed it from public consumption. It is important to recognize
that there is no known antidote for GHB
toxicity.
Besides the nomenclature of date rape,
these drugs should also be considered as something that is now being abused by
young people, particularly high school and college age. These drugs in the
category of date rape can produce hallucinogens and certainly depress the
central nervous system, more severe when used with alcohol. The effects are dose
and time related.
There are very few written
procedures to document GHB in a person's blood. When used for recreational
purposes, the person can expect perhaps to have a high, to feel good, euphoria,
increased libido, especially dangerous with date rape, weight control or steroid
supplement.
Problems exist in documenting the
presence of date rape drugs in the body. First of all, these drugs are not
included in the routine drug screening panel. The scene of death or injury must
be thoroughly investigated because GHB can be found mixed with other substances,
such as water, soft drinks, ice tea, even mouthwash. Laboratory analysis is
critical in documenting the presence of GHB. What is more important is that with
the potential for amnesia or memory distortion, date rape may be difficult to
prosecute due to the passage of time and the need to document the presence of
the drug in the victim's system.
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Congresswoman
Sheila Jackson Lee introduced the Hillory Farias Date Rape Prevention Drug Act
in May 1997 for purposes of including GHB in Schedule I of the Controlled
Substances Act, and I do support this. This is important for those that
investigate cases of substance abuse in death, due to the complex nature of
detecting the chemical in the body fluids. It would certainly remove a
misdemeanor offense charge and place it in the same category for possession of
narcotic substances. It is important to have a means available for those persons
who suspect they have fallen victim to date rape, and allow for more timely and
selective drug detection methods.
I want to
emphasize date rape drugs do cover a broad category, and I have focused on only
one in the interest of time.
Since GHB and other
drugs may produce an altered state of consciousness and memory loss, that victim
of sexual assault becomes an unwilling participant in this criminal activity.
There is no doubt there is some limited activity under the medical value for
GHB, but there is also limited activity for cocaine and morphine, yet these are
Schedule I.
I conclude my remarks at this time
and I thank you for your interest in this
topic.
[The prepared statement of Dr. Carter
follows:]
PREPARED STATEMENT OF JOYE M. CARTER, M.D., CHIEF MEDICAL
EXAMINER, JOSEPH A. JACHIMCZYK FORENSIC CENTER, HOUSTON, TX
Page 31 PREV PAGE TOP OF DOC
SUMMARY:
The
category of Date Rape drugs is very broad. The media frequently discusses
Gamma-hydroxybutyrate and Rohypnol, but other drugs must be considered such as:
alcohol, Benadryl and over-the counter medications that contain
diphenhydramine.
A common feature of ''Date
Rape'' drugs is their ability to be ingested without knowledge and the
inducement of an altered state of consciousness or memory loss. These drugs are
not easily detected nor considered regularly as the causative agent in a death
or sexual assault. Further, these drugs are not all categorized as level one or
two under the current Controlled Substance
Act.
In addition to being utilized in sexual
assaults many of these ''Date Rape'' drugs are being abused with alarming
frequency among young people.
| Office of the Medical Examiner of Harris County, |
| Joseph A. Jachimczyk Forensic Center, |
| Houston, TX, July 27, 1998. |
Hon.
HENRY J. HYDE, Chairman,
Committee on the
Judiciary,
House of Representatives, Washington,
DC.
CHAIRMAN AND MEMBERS OF THE
SUBCOMMITTEE ON CRIME: Thank you for the opportunity to address our national
legislators on such an important issue as substance abuse.
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My
name is Dr. Joye M. Carter, and I am a forensic pathologist and the Chief
Medical Examiner for Harris County, Houston, Texas. I am a private citizen and
do not represent any federal programs or subcontractors
awardees.
As a physician and forensic pathologist
my responsibilities include investigating deaths due to natural and unnatural
causes, as well as promoting social change and improved health care through
information gained by close examinations of the dead body. I consider it my
honor to speak on behalf of the dead, who can no longer tell their
story.
Substance abuse is a broad category;
incorporating addictions to alcohol, prescription drugs, illicit drugs and
natural occurring chemicals. Substance abuse is a leading cause underlying motor
vehicular accidents, suicide, homicides and yes, natural
deaths.
In the Harris County, Texas experience
approximately 25% of all accidental deaths investigated by the medical
examiner's department are due to overdosing on alcohol and other drugs. The most
frequently detected drug is ethyl alcohol. Alcohol has been recognized world
wide as the most common drug involved in violent deaths as well as naturally
occurring deaths such as cardiovascular disease, liver failure, various types of
cancer, infectious process and malnutrition. Other drugs detected in the dead
with frequency are Cocaine, Marijuana, Codeine, Morphine (Heroin), Methadone,
Salicylates, Acetaminophen, PCP, Benzodiazepines, anti-depressants. Other drugs
are detected with less frequency in the dead bodies, as well as those
individuals arrested on suspicion of driving while intoxicated. These drugs
include Ketamine, inhalants, LSD and Date Rape Drugs. I would like to focus my
comments on this latter category of abused substances. Date Rape Drugs is a
complex entity which has been highlighted by the media in recent years. This
category includes Gamma hydroxybutyrate (GHB) and Rohypnol as the most
frequently discussed, but also the other benzodiazepines, which may be
recognized by brand names of Valium, Ativan, Xanax, Halcion or Librium. Other
preparations, such as Benadryl or even Nytol, may be considered in the ''Date
Rape'' category. Please be mindful that alcohol may be consumed without
knowledge. The Date Rape phrase suggests that these drugs are unknowingly
consumed and a sexual encounter takes place after the victims have become
intoxicated. The common denominator of the different drugs previously listed is
that they interfere with memory, some even cause amnesia, thereby, making a
sexual assault all the more difficult to document.
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The
Harris County Medical Examiner Office set precedent in 1996 when a case was
ruled homicide due to Gamma-hydroxybutyrate (GHB)
toxicity.
The death of Hillory Janean Farias is
well known in Southeast Texas. Ms. Farias was by all accounts a healthy and
well-adjusted seventeen years old girl about to enter her senior year of high
school. She had gone to a teen dance club where she may have consumed a soft
drink. Upon returning home she complained of a severe headache and went to bed.
She never woke up. The Medical Examiner's Office was notified of a sudden death
in a teenager and the family had made a conscious decision to donate her organs.
The working diagnosis had been cerebral hemorrhage secondary to aneurysm. At
autopsy, no abnormalities were found. Repeated drug testing finally revealed the
presence of GHB in her blood and ocular fluid. The investigation into Ms. Farias
death did not demonstrate any willing experimentation with drugs. The detected
blood level was low, by forensic standards, however, the metabolism and
half-life of this drug should be taken into
consideration.
GHB (gamma hydroxybutyrate) is a
naturally occurring substance found within our bodies and also is easily
manufactured by simple chemicals, which are available at the local hardware
store. No degree in chemistry is needed to produce ''black market'' GHB; in fact
the instructions are available over the Internet. GHB was originally marketed in
health food stores to body builders and as a diet and sleeping aid. Its central
nervous system activity, that of a depressant and numerous complaints of
symptoms ranging from nausea to coma were recognized. In 1990, the Food and Drug
Administration removed it from public consumption. The death of Hillary Farias
is now one of many examples of the dangerous properties of GHB.
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Besides
the nomenclature of ''Date Rape'' these same drugs should be considered as
abused substances from the standpoint that they can act as central nervous
system depressants and mild hallucinogens in individuals. The effects are dose
and time related. Gamma hydroxybutyrate and other drugs in this category have
been detected in persons admitted to area hospitals for unusual behavior or coma
induced states. Numerous cases are cited in the recent literature of abuse by
purposeful ingestion of the compound either in liquid form, mixed or consumed as
a powder. If used as an abused substance, the findings might include getting a
''high'', increasing libido, weight control by suppressing the appetite and
steroid supplement for bodybuilding.
Problems
exist in documenting the presence of date rape drugs in the body. First of all
these drugs are not included in the routine drug screen panel. The scene of
injury or death must be investigated thoroughly because GHB in particular has
been found in spring water bottles, ice tea and even mouthwash. Both GHB and
Rohypnol used to be white powder or tablet form. Now manufactures of Rohypnol
include a blue dye, at least in this country. Laboratory analysis is critical in
documenting the presence of GHB since we know that it also occurs naturally.
What is more important is that with the potential for amnesia or memory
distortion, date rape may be difficult to prosecute due to passage of time and
the need to document the presence of the actual drug in the victims
system.
Congresswoman Shellie Jackson Lee
introduced the Hillory J. Farias Date Rape Prevention Drug Act in May of 1997
for purposes of including Gamma-hydroxybutyrate in Schedule I of the Controlled
Substance Act. This is important for those that investigate cases of substance
abuse and deaths due to the complex nature of detecting those chemicals in body
fluids. It would remove the misdemeanor offense charge and place it with the
same category of possession of narcotic substances, which is important for those
who minimize the serious complications that occur and I make reference to the
internet recipe. Lastly, it would make a means available to those person who
suspect that they may have fallen victim to date rape drugs and allow for more
sensitive and selective drug detection methods.
Page 35 PREV PAGE TOP OF DOC
I
want to emphasize that Date Rape Drugs cover a broad category and I have focused
on only one of these drugs in the interest of time. Other drugs to be considered
include alcohol, chloral hydrate (Mickey Finn), other Benzodiazepines, Ketamine,
Marijuana, D-Lysergic Acid (LSD), and phencyclidine. Along with GHB these drugs
may produce an altered state of consciousness and memory loss, making the victim
of a sexual assault that ensues an unwilling or unknowing
participant.
I will conclude my remarks at this
time, thank you for your time and interest in this
topic.
Mr. MCCOLLUM. Thank you very
much, Dr. Carter, for that enlightening
testimony.
Mr. Stevens, you are
recognized.
STATEMENT OF MICHAEL STEVENS, DETECTIVE, UNDERCOVER DRUG
INVESTIGATIONS, ORLANDO POLICE DEPARTMENT, ORLANDO,
FL
Mr. STEVENS. Good afternoon. I
would like to thank the chairman and the committee for having me here today. I
would like to start my remarks by stating simply that I am not an administrator,
I am a street detective. Therefore, some of my remarks will be very
straightforward.
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Two
days ago I was buying GHB in a club in Orlando. Three days ago I was buying 100
Rohypnol pills. And, a week ago I was buying two bags of
ketamine.
In 1995, the Orlando Police Department
started having trouble with what we call the Rave subculture. Officers were
finding drugs they had no experience with: MDMA, methylene,
dioxymethamphetamine. Pills were popping up—that none of the officers who had
been trained to fight crack cocaine, powder cocaine and marijuana had any idea
what it was.
In early 1996 we started
establishing a unit that worked primarily the new Club/Rave scene that was
coming up. We started getting officers trained for undercover work in it and
started putting people inside these clubs and inside these Raves. We began
finding a smorgasbord of drugs, everything from prescription drugs to drugs that
we didn't even have a way of identifying. We ended up calling pharmacies at our
hospitals, trying to ask them what kind of drug is this, what pill is this. The
drugs ran the gamut, everything from depressants to stimulants to hallucinogens.
You name it, they had it.
Through 1997 we
continued to target dealers. The trend became worse. What started out as small
amounts of drugs were becoming bigger and bigger. Two drugs in particular began
to get a very nefarious reputation with them. One was flunitrazepam, under the
trade name Rohypnol. In 1996 we were buying Rohypnol any time we wanted it; 30,
40, 50 pills at a time. These were the 2 milligram pills. Fairly cheap, easy to
get, most of it being sold by females.
Again,
this is the central Florida area, is what I am speaking for, and that is all I
can.
Page 37 PREV PAGE TOP OF DOC
Rohypnol
at that time was very popular as what is called a landing gear, something that
brought people down from their MDMA high. It is actually a stimulant. They were
using Rohypnol to bring them down so they could go home at night without their
hearts racing a mile a minute.
Unfortunately,
when they were taking Rohypnol, they didn't know the dosages they could take.
They didn't know how much they could take, and we were having a lot of
overdoses, a lot of people just passing out, a lot of people going into
respiratory arrest. All the overdoses in my department go pass my desk, and we
were seeing an average of 15 to 20 in downtown Orlando a night out of
nowhere.
Most of the Rohypnol we were seeing was
coming from Mexico up through Miami and South Beach
area.
Sometime during early 1997 the State of
Florida passed a trafficking law for Rohypnol, flunitrazepam, making it 4.0
grams and over would be trafficking. Within about 3 months the dealers in
flunitrazepam knew about that, knew the trafficking, knew the minimum
mandatories through the Internet. The information was passed on from dealer to
dealer to dealer through the Internet and E-mails. Rohypnol sales dropped
markedly. It cost us a lot of money to buy ''ruffies'' at that point in time,
which is the street name for them.
But a new
drug, just when we thought we had that drug worked out, a new drug popped up and
that was GHB. GHB right now in Orlando is battling Ecstasy, or MDMA, for the
number one Rave/Club drug, without a doubt. Two days ago I was watching kids as
young as 17 shrugging down capfuls of GHB in a club and out in the parking lot,
money changing hands left and right.
Page 38 PREV PAGE TOP OF DOC
GHB
right now is taking over the date rape drug moniker that ruffies did. A lot of
these people here have more degrees than I do to tell you about the pharmacology
and they will explain why it is, but I can tell you honestly from a drug cop's
point of view it is out there and it is everywhere, and we are talking kids as
young as 14 and above.
There is no control. There
is a complete lack of knowledge on the kids' part. Most of these kids are 18,
19, 20. They cannot afford to drink, so they take GHB because they think it
mimics the effects of alcohol without the hangover. They have no understanding
of what it does or what it is. All they know is their friend took it and they
lived, so I will take it and it is okay.
One of
the things we started seeing with Rohypnol was the organized groups that were
conducting sexual assaults with it. That has been documented by informants that
work for me. Groups would go in with what is called the distractor, a guy who
would meet a woman inside a club, keep her busy while another drugged her
drink.
GHB has become the same way, and it is a
lot easier to do with GHB. GHB can be carried in a Visine bottle, whereas
ruffies had to be carried at least as pills. If a cop searched you at the door
and he found pills, he knew what he had. We don't know what we have. We have a
kid with a Visine bottle. We don't know if it's GHB or not. It can't be field
tested. It has to be sent to a lab. It is very easy to be put in a drink. It is
clear. It is odorless. It takes no time for it to dissolve in a drink. The only
thing you might get is a salty tasting liquid. If you mix that with a Coke or
something, you will not notice it.
Page 39 PREV PAGE TOP OF DOC
The
other thing we are getting with GHB is they are making it in people's bathrooms.
They are getting it off the Internet. They are paying $80 for a kit. Comes in
the mail from whatever State allows it. It comes across the mail, boom, it is in
the guy's house and he is making pounds of GHB, and we cannot control it. We
can't find it. All we know is it is getting into the clubs, usually in a liquid
form in Orlando. It is probably now the most popular drug in Orlando right now
on the club scene.
As I said before, I can't tell
you what is happening in the other States, but I guarantee you it is going to be
darn similar to Orlando. In 1997 we had the dubious distinction of being voted
by Rolling Stone as the number one techno music city, so we have a pretty good
edge on the Rave culture and what goes on. These drugs are out there, your kids
are in them, they are using them, and I think it would benefit law enforcement,
and this whole country if the Federal Government would put some backing behind
it, give us something to work with to where we can do something with these
drugs, and I thank the committee.
[The prepared
statement of Mr. Stevens follows:]
PREPARED STATEMENT OF MICHAEL STEVENS,
DETECTIVE, UNDERCOVER DRUG INVESTIGATIONS, ORLANDO POLICE DEPARTMENT, ORLANDO,
FL
62309a.eps
62309b.eps
62309c.eps
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62309d.eps
62309e.eps
62309f.eps
62309g.eps
62309h.eps
62309i.eps
62309j.eps
62309k.eps
Mr.
MCCOLLUM. Thank you very much, Detective
Stevens.
Professor Doering.
STATEMENT OF
PAUL DOERING, PROFESSOR, DEPARTMENT OF PHARMACY PRACTICE, UNIVERSITY OF
FLORIDA
Mr. DOERING. Good afternoon,
Mr. Chairman and members of this committee. It is a privilege and honor to
address this group on the subject of GHB, the dreadful drug of abuse that is
wreaking havoc in communities all over our country. I come here today to express
the concerns that I share with my colleague, Dr. Michael Okun, a neurologist at
Shands Hospital at the University of Florida.
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Exactly
what is GHB? Well, as you have heard, GHB is shorthand for a chemical called
gamma hydroxybutyrate, known on the street by a variety of slang names,
including Liquid Ecstacy, Nature's Quaalude, Zonked, and the particularly
offensive name Easy Lay.
GHB is a simple molecule
related to one of the chemical messengers in the brain. GHB depresses the
central nervous system, and when combined with alcohol or other tranquilizing or
sedating drugs there is a resulting chemical overload in the brain that may lead
to cessation of breathing. In addition, heart rate can slow, blood pressure can
drop, coma can set in and deaths have
occurred.
The problem of GHB is nationwide, from
St. Petersburg to Sacramento, Dallas to Detroit, from Orlando to Omaha, reports
of deaths, near deaths, sexual assaults and other problems pouring in. New
reports of toxicity are appearing with increased frequency in the medical
literature as well.
In June 1998 an article
appeared in the Annals of Emergency Medicine reporting a series of 88 patients
seen in a San Francisco emergency room. We have seen 10 cases in our hospital
alone, and this does not account for the numerous problems that never come to
the attention of medical personnel. We have had to place five patients on
breathing machines, one of whom developed a complication and remained
hospitalized for 9 days. Luckily, we have had no GHB-related deaths at our
hospital, but without some swift action it is just a matter of time until we
do.
Prior to 1990 GHB was available as an
over-the-counter pill or powder sold mostly in health food stores, but the FDA
pulled it from the shelves because of deaths and serious illnesses related to
its use. Today the major source of GHB sold on the streets is homemade from
cheap kits obtained over the Internet. It is mixed largely by nonchemists from
recipes that are often flawed or incomplete, and this leads to finished products
of questionable purity and, more importantly, unknown potency. Because there is
no way to tell the strength of homemade GHB, what might be a safe dose today,
for example, one capful, could produce a toxic dose tomorrow.
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The
misinformation surrounding GHB is most troubling. Proponents of GHB often appeal
to the anti-government, anti-establishment mentality of potential users. One
seller calls GHB, ''Not only very safe, but also extremely beneficial,'' and
brazenly offers, ''a $10,000 reward for any scientifically documented permanent
harm'' from the drug. He finishes his message by stating, ''It appears that the
only true danger associated with GHB use is the loss of billions of dollars of
revenue to the alcohol, tobacco, legal and illegal drug pushers and the AMA
malpractitioners of the world when GHB gains widespread acceptance and
use.''
Our impression, after interviewing many of
GHB's victims, is that they are truly Internet educated and honestly believe
this drug is a safe over-the-counter vitamin. Dr. Okun and I decided to fight
back with an information campaign of our own, using the same tools to spread the
truth as others used to spread lies. We set up a web site with the title
''University of Florida declares WAR on MISINFORMATION on
GHB.''
GHB has been and is being studied for a
number of legitimate medical uses, including its use as an anesthetic, for the
treatment of narcolepsy and the treatment of drug addiction. One must remember
this research is done using precise doses of carefully manufactured products
under close medical supervision. Ultimately this drug may prove to have some
therapeutic usefulness, but it should not be available for use as a party
drug.
GHB has gained a reputation as a date rape
drug. To me, nothing is more despicable than using a chemical to disable a
person so that she can be raped. We often visualize the perpetrator slipping the
drug into the victim's drink. Let us not forget the person who willingly takes
the drug for purposes of partying, only to have the drug incapacitate them. This
makes them an unsuspecting target for the rapist who might seize the opportunity
to take advantage of the drugged partier when she is unable to resist.
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Unscrupulous
sellers of the dangerous chemicals used to make illegal drugs are very creative,
and will use whatever loophole they can find to peddle their deadly wares. One
site claims they sell their kits only for purposes of demonstrating a type of
heat-producing chemical reaction called an exothermic reaction. Here is part of
their disclaimer:
''This experiment is for lawful
use in research and study only. Purchase of this kit does not give permission to
the buyer to perform this experiment. It is meant to provide an educational
experience in an exothermic reaction as well as showing properties of molecules
when reacted.''
With the new school year rapidly
approaching, we hope to intensify our war on misinformation. Needless to say, we
have received some interesting electronic mail messages in response to our web
site. Some are open and honest exchanges of perspective, while others are
attacking. Some will break your heart. I would like to close by reading you an
excerpt from one message received by Dr. Okun from a grieving sister of a young
whom who died from GHB.
''I just want everyone to
read and understand how dangerous GHB is. My sister who was only 22 died. My
sister is gone now, and we can never see her beautiful smile nor hear her
wonderful laugh, but through the words of people like yourself, maybe 1 day
people will stop, listen and learn.''
Thank you
for your kind attention to these comments.
Mr.
MCCOLLUM. Thank you very much, Professor Doering.
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We
will now proceed to a period of questioning by the Members of Congress who are
here today under the 5 minute rule, and I will recognize myself for 5
minutes.
Detective Stevens, in your experience
out on the street, is GHB known just as that; do kids call it that? Is that what
they call it, ''GHB''?
Mr. STEVENS. We
have heard it called ''G'', Liquid X, Grievous Bodily Harm, and what they are
calling it now is ''water'' because that seems to be the common way they are
carrying it. They are carrying it in some kind of water bottle, Evian, Zephyr
Hills.
To understand GHB and how it fits into the
club scene, you have to understand exactly what the Raves are. The primary drug
in the Rave is MDMA, the stimulant. When they rave and they dance, they get hot
and dehydrated; they drink a lot of water to rehydrate themselves. They also
drink the water with the GHB in it to bring them back down from their
stimulant.
Mr. MCCOLLUM. The stimulant
is to get them to be able to dance a lot?
Mr.
STEVENS. From like 9 o'clock at night to 7 in the morning. I tried it
sober. It is not a pleasant experience. You just can't do it. That is why they
take the Ecstasy, to give them the continual energy. But at 7 in the morning or
so, when they need to come down, Ecstacy doesn't just shut off, and that is why
they use this ''landing gear'' to bring them down from their flight so that they
can go ahead and come back to normal, usually ''ruffies'', flunitrazepam, or GHB
or some other prescription drug like Valium.
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But
that is what they are doing. They are combining it with water and drinking it.
Unfortunately, they don't know the purity levels or how
much.
Mr. MCCOLLUM. Is that combined
with the water before they get there? Is it like a Zephyr Hills water bottle
they have already mixed up, or is it something they mix there at the
club?
Mr. STEVENS. The dealer, I
watched doing it, had a large—probably a liter water bottle that he had already
premixed. He was serving capfuls. One capful cost probably $25. And they were
either dropping it into the water when they approached him or they were taking
it right there at the car.
That is what makes it
difficult for us to buy GHB at that level, at a street level. They want you to
take the GHB right there at the car. Obviously we are not going to use the drug,
so we are left with either to arrest the person right there and destroy whatever
undercover operation we are using, or to go ahead and simply watch him and try
to follow him. Most of them, like with LSD, they make you take it right there at
the scene.
Mr. MCCOLLUM. And it is out
on the street literally, not in the club itself but on the street usually, where
this is happening: Somebody walks out the door and goes to the parking
lot.
Mr. STEVENS. Right. Most of the
clubs in Orlando have very vigilant security, especially with all the pressure
that has been applied to them. A lot of the stuff that we are seeing now is
occurring in parking lots where there are not enough police officers, and
security to cover it. They are in and out of the club all night long. If they
get customers, they take them out to the car, serve them, and go back to the
club.
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Mr.
MCCOLLUM. Mr. Farias, is this the type of setting you think your
niece was involved with the night she encountered
GHB?
Mr. FARIAS. Well, yes, sir. It is
a club. And I believe, supposedly someone slipped it into her drink at the club.
But at that time no one was aware of GHB except for the
youth.
Mr. MCCOLLUM. Was it a dancing
type of club like the Rave scene Mr. Stevens is talking
about?
Mr. FARIAS. No, it is a regular
night spot. A country western.
Mr.
MCCOLLUM. So the way she got it may be a little different than the
way he is describing a lot of it being used in the Rave
scene?
Mr. FARIAS. That is
correct.
Mr. MCCOLLUM. Professor
Doering, what was the purpose and what was the use of GHB back before it was
banned? What was it being used for?
Mr.
DOERING. Well it was sold in health food stores as a powder or as a
pill and principally used by body builders to improve their muscle gain. It
seems that while the patient is under the effects of GHB their levels of growth
hormone increase, and if that is combined with a vigorous workout program it can
result in increased muscle mass and weight gain and so forth.
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Mr.
MCCOLLUM. Is there any downside to that, like you see with some other
drugs used among ball players and so forth?
Mr.
DOERING. Certainly it has it own downside risk. People were passing
out, they were combining it with alcohol, they were nearly dying from the drug,
and the FDA decided, whoa, wait a minute, this isn't something we want to have
sold over the counter. I think that is half the reason why the myth about it
being an over-the-counter vitamin has sort of stayed with it, because it was
once used in that regard.
Mr.
MCCOLLUM. Today you have told us there is research ongoing about
possibly constructive uses of GHB. If we reschedule this drug as Schedule I,
would that in any way affect the research that is going on or the possible use
of it for these more constructive purposes?
Mr.
DOERING. In my opinion, it would not. If it did become a recognized
drug under the guidelines of the Food and Drug Administration, then it would be
scheduled differently. But unless and until it is recognized as a medicinal drug
in this country, Schedule I, in my opinion, is the appropriate place for it to
be.
Mr. MCCOLLUM. Dr. Carter, you have
expressed concern over how difficult it is to detect this drug in autopsies and
so forth, and the way Mr. Stevens is describing it, Detective Stevens, it is
very hard to even catch up with who is doing
it.
What is the specific test, can you tell us?
Is it a chemical test? How do you find it? And in the case of Mr. Farias' niece,
how much time had passed? You said a lot of this goes away and you cannot figure
it out, and yet I think you said you found it around the eye or some specific
locations. How did that happen?
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Ms.
CARTER. It can be difficult to detect. It is not on the usual
schedule with cocaine, morphine, phencyclidine. It can be detected by chemical
means and advanced technology. We call it a mass spectrometer, which is an
advanced way of screening fluids. Usually GHB will disappear from the body, from
the urine, within 12 hours.
Because the Farias
family had made the donation, a gift of life, we had that first specimen of
blood and urine retained, and we were able to test that. But we went through
numerous drug screens, and it took us 2 months to finally decide that this was a
drug that was involved in this young girl's
death.
Mr. MCCOLLUM. Wow. Well, thank
you very much, all of you. I will recognize Ms. Jackson Lee for 5 minutes of
questioning.
Ms. JACKSON LEE. Thank
you very much, Mr. Chairman. And let me thank my colleagues as well for their
comments.
Congressman Hutchinson from Arkansas
mentioned the problem of amnesia, which is a real problem. Even if Hillory had
lived, there might have been some impact, I would imagine, on her memory; is
that correct, Dr. Carter?
Ms. CARTER.
That is correct.
Ms. JACKSON LEE. And
as well, my colleague from Georgia mentioned the issue of education, and I would
like to note that the legislation does have a provision to help educate young
people and everyone about the detriments of GHB, I think that is extremely
important, and other forms of drugs.
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Let
me just briefly thank Dr. Carter for her persistence, Mr. Chairman. It was the
persistence of her County Medical Examiner's Office, that felt the passion of
Hillory's family that kept pressing the issue that our teenager, our Hillory,
was not someone who willingly or did take drugs. And it came to my attention
because the normal response when teenager dies suddenly, the images in the press
were a drug overdose. But this family was extremely persistent, and for that I
do thank them.
Mr. Stevens, I would like to ask
you a question. You captured my thought processes with the definition of this
drug as battling, or as being number one, as one of the more popular
drugs.
Mr. STEVENS. Yes,
ma'am.
Ms. JACKSON LEE. Your
representation, and I thank you very much, was that it may be only in Florida,
but just listen to this out of Los Angeles:
''The
widely publicized June 26, 1996, incident in the 400 block of Fairfax Avenue in
Los Angeles, when four males between the ages of 16 and 20 were found
unconscious on a public street after consuming GHB, is powerful testimony to the
need for control of this substance.''
Mr.
Chairman, this is from an article on GHB, ''Old Drug-New Tricks'', from
Detective Trinka Porrata, Los Angeles Police Department, dated May 11, 1998, and
I would ask permission of the chairman to submit this into the record.
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Mr.
MCCOLLUM. Without objection, so
ordered.
[The information referred to
follows:]
GAMMA HYDROXY BUTYRATE
OLD DRUG—NEW TRICKS
BY
TRINKA PORRATA
Gamma hydroxy butyrate (GHB, also
called G, Liquid X, Liquid Ecstasy, Grievous Bodily Harm, Georgia Home Boy,
Scoop, Great Hormones at Bedtime, Salty Water, Water, Everclear, Aminos, GH
Buddy, Blue Monster) has become a growing problem for law enforcement. On
September 28, 1997, GHB became a Schedule II drug in California (the original
legislative proposal, initiated by the LAPD, requested Schedule I placement). At
least 20 other states have scheduled GHB, three more states have criminalized it
with stiff penalties, and federal legislation to control GHB (Schedule I) is now
pending in both the House and the Senate.
More
than fifty-eight deaths (plus about 30–40 more pending), including twelve in
California (plus seven or more California cases pending review), are listed as
GHB-related deaths and more are being researched by the Drug Enforcement
Administration. Many more deaths have undoubtedly gone without notice since GHB
is not part of a standard toxicology screen. Many of those deaths are
individuals under the age of 30. Far too many of the deaths, especially those
within the past few months, have involved individuals between 15 and 20 (See
attached document re GHB related deaths). More than 5,500 overdoses have been
documented (with more occurring during the last few months). In Toms River, New
Jersey, more than 24 people were treated for GHB overdoses Memorial Day weekend.
An additional 13 overdoses were reported Fourth of July weekend in Toms River,
plus one death on June 1, 1999. Nationwide, multiple overdoses are swamping the
emergency rooms. Recent incidents include five teens overdoses in a Michigan
community and three 13-year-olds frothing blood through their noses (evidence of
pulmonary edema) at a party in Louisiana.
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The
widely publicized June 26, 1996, incident in the 400 block of Fairfax Avenue in
Los Angeles, when four males between the ages of 16 and 20 were found
unconscious on a public street after consuming GHB, is powerful testimony to the
need for control of this substance. The young men, who reside in Woodland Hills,
Westlake Village, Berkeley and Agoura, were in various stages of respiratory
arrest and at least two had to be resuscitated. In truth, far more than four
were seriously impacted by this drug that night. One of the first officers to
arrive described it as one of the most eerie scenes he had ever witnessed. With
ghostly fog as a backdrop, they were confronted by dozens of people in various
stages of overdose and/or under the influence, running (but in slow motion) or
staggering or lying around. They asked for paramedics, and more paramedics and
finally requested, ''Clear the station, we need some people out here.'' Most of
them, however, had disappeared before assistance
arrived.
The 16-year-old later stated that he had
consumed 12 beers, several Dexatrim (diet pills) and then took two ''swigs'' of
GHB, which was offered to the large group in a gallon water jug, and literally
dropped dead. Paramedics brought him back. He stated that the substance tasted
like ''cow manure'' and that he recalls nothing from that moment until he awoke
in a hospital bed, grateful to be alive. He said that his friends advised him
that after drinking GHB he was grinning ear to ear with his eyes rolling in
opposite directions, and he became ''flirtatious'' with the females in the
crowd. And then he collapsed and literally died until medical assistance saved
him. He has been in drug rehabilitation and doing
well.
A 19-year-old participant, the only one of
the foursome who did not lapse into a coma, stated he had used GHB before. He
noted that, depending on how much is consumed and what other drugs are consumed,
you feel good for a period of time, up to about two hours, and then you sleep.
He added, ''It's easy to get. There's no punishment if you get caught, so it's
cool.'' It was never really cool, and now it is illegal.
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Incidents
of GHB overdose occurred repeatedly throughout 1996, including multiple
incidents in the Hollywood area, plus Orange County (at the Rhino Room), and in
Australia (ten collapsed, five on life support). It is important to understand
that in each of these incidents, one third to one half of those who collapsed
actually ''died'' and were revived by drastic measures by paramedics and/or
sustained on life support until the danger passed. These are witnessed
overdoses. If they had occurred inside a van in the parking lot, for example, or
at home alone, there would have been no one to summon paramedics and reverse
their date with death.
A behavioral depressant
and a hypnotic, GHB is being used in conjunction with alcohol or other drugs,
with detrimental effects in an increasing number of cases. It is difficult to
isolate the impact of GHB ingestion since it is so typically taken with an
ever-changing array of other drugs and especially alcohol, which potentiates its
impact. Furthermore, no one tests for this drug unless the patient history
indicates GHB or the circumstances dictate a search beyond routine drug testing.
GHB is an anesthetic (sleep inducer) without analgesic (pain relieving)
properties that has been found naturally occurring in minute quantities in brain
and other tissues in the human body.
NOTE: The
fact that GHB occurs naturally in the human body does NOT make it safe; it
appears naturally in tiny quantities. Ask any rattlesnake if it would like to
have its own venom injected into its body! After all, poison ivy is ''naturally
occurring.''
GHB has no nutritional value. Side
effects from ingested doses include high levels of intoxication, nausea, coma
(sometimes abrupt and profound), uncontrollable seizures and respiratory
depression.
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While
the objective symptoms reflect a CNS depressant (from a law enforcement
perspective), according to Dr. Wallace Winters, who researched GHB 30 years ago
and in 1997 retired as a Medical Officer with the Food and Drug Administration,
the brain wave pattern of GHB users reflects various stages of epileptic seizure
(dose related). This is at least true of research cats, though some aren't so
sure that it transfers over to humans. If so, it may in reality be a CNS
excitant, but external symptoms shut down and appear depressed, especially with
higher dosages. In fact, 30 years ago, Dr. Winters predicted that this would
become a horrible drug of abuse; his only surprise is that it took so long to
happen.
Frankly, law enforcement was first seeing
only the attention-drawing, collapse-level overdose cases and did not initially
get much experience with less than overdose levels until more recently. During
my early research on GHB, I found some documents saying yes, GHB produces
nystagmus and others which said no, it doesn't produce nystagmus. Based on
recent research by Dr. Alex Stalcup of the New Leaf Treatment Center in the Bay
Area, it appears that nystagmus may not be seen in very low dose usage, but will
likely appear at higher doses and overdose
levels.
Because GHB takes the same path as
alcohol, processed via alcohol dehydrogenase, its symptoms at lower levels of
intake and as impact builds are comparable to alcohol ingestion/intoxication.
The ''happy'' alcohol drunk will more likely be a ''happy'' GHB drunk; the
''mean'' alcohol drunk will likely be a ''mean'' GHB drunk. Thus, aggression and
violence can be expected in some individuals. Because GHB reduces inhibitions
and seems to stimulate sex-oriented behavior, you may encounter someone on GHB
running through a crowd grabbing the breasts of females as they pass, for
example (as the 16-year-old described).
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During
June of 1997, one male at a Hollywood Club ran around grabbing females in the
crotch area and was booked for battery on a security guard who tried to
intervene. People in the crowd later stated he had been seen taking GHB. His
belligerent and sexual behavior both are indicative of GHB. Since he neither
vomited nor went comatose, it can be assumed that the dose taken was relatively
moderate. Two hours later a second individual became aggressive in the Club,
fighting police officers, who were at the scene for another incident, and being
pepper-sprayed by them. His girlfriend stated he had taken GHB 30 minutes prior
and advised me where he had the container in his pocket. His prescription pill
bottle (no pills—contained a small quantity of liquid) was booked and tested.
The contents were positive for GHB and no other drugs were present (GHB is on
occasion laced with MDMA, crystal meth, or other
uppers).
Users claim it to be an aphrodisiac.
Many say, ''It makes you want to have sex.'' It clearly releases inhibitions. It
also makes most people vomit. Undercover film, shot by news crews with hidden
cameras, show users getting wildly giddy and then vomiting as casually as one
might spit tobacco in a spittoon!
While that
aspect seems less than ''sexy'' conduct, it must be understood that the user, at
that time, may not feel ANY sensation of being ill. Users commonly describe a
feeling of security and sleepiness and no recall of being nauseated, though they
may wake up to indications of having vomited repeatedly. One overdose victim
stated, ''I just felt so safe and secure. I just wanted to go to sleep. I
thought I was just nodding off. I couldn't understand why the 50 people around
me were screaming and hysterical. It was like I was outside, watching myself and
them. I could hear them, but couldn't understand their reaction. I couldn't seem
to communicate my feelings of security to them. Finally, I did become a little
anxious, realizing that they must know something I didn't know.'' What he
thought was ''nodding off'' were seizures.
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He
said he realizes now that if he had been alone or with people used to the
experience who did not get excited at his condition, he would not have had any
idea of how dangerously impaired he was. Without that reality check, abusers
wake up with a false sense of security and use again and
again.
GHB users on the Internet are now
stressing use of very low doses of GHB to intensify the spiritual, euphoric,
out-of-body experience that they crave; trying to avoid the dangers of overdose
seems to be of secondary concern. This will likely translate into law
enforcement seeing more and more GHB driving under the influence cases. Both New
Jersey and California (Los Angeles County) have DUI traffic deaths where other
parties were killed by a driver under the influence of GHB. The Los Angeles
Sheriff's Department case recently resolved with the suspect pleading to
vehicular manslaughter (11 years plus three years enhancements and will do 85
percent of that time, plus he waived time served, 14 months). He admitted in
court to alcohol, GHB, driving and killing
someone.
Unfortunately, during Spring Break of
1998, GHB users in Florida discovered the secret we had hoped no one would
learn. We had known for some time that drinking GBL, the primary precursor of
GHB, by itself is the same, or worse, than drinking GHB. Panama City was one of
the cities absolutely rocked by GBL overdoses. Users suffered severe body
tremors and psychotic episodes, according to news accounts. Medical and law
enforcement personnel swear the effects and recovery from GBL is far worse than
GHB. GBL is an analog of GHB and should be treated as such, at least in states
with analog laws, such as California. Florida, unfortunately, did not have their
statute re GHB written to cover analogs, and GHB has several. GBL, a floor
stripper or degreaser, was brought into the area in 55 gallon drums.
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GHB
is available in Europe as an anesthetic; in actuality, it is used primarily only
in France and requires giving the patient other medications to block pain and
stop the nausea which so often occurs. While this drug has been around for many
decades, it is not widely respected and used in any medical community. GHB is
currently legitimately available in the United States SOLELY on a restricted
basis as an ''Orphan Drug'' for experimental treatment of narcolepsy. GHB
encountered in California is illicitly produced and is primarily distributed as
a liquid.
NOTE: Placing GHB in Schedule I, in any
state or federally, would NOT alter its availability to those now using it in
LEGITIMATE research and treatment. On the other hand, placing it in Schedule II,
for example, will technically NOT make it legitimately available to anyone not
already authorized by the FDA.
GHB is a
behavioral CNS depressant that was originally abused by bodybuilders who
believed it stimulated the body's production of growth hormone. It is still
being heavily used by body builders and their associates, though it appears its
use by them now is as much for deliberate abuse as it is for any dreamed-of body
gains. It has now become the drug of choice on the Los Angeles party scene,
primarily in Hollywood area, the West San Fernando Valley, and in the
Newport/Laguna Beach area. It is widely used from San Francisco to Santa Ana and
San Diego. It is common in some gay communities. GHB was allegedly involved in
the drug abuse cycles of both Billy Idol (who overdosed in a Hollywood Club) and
River Phoenix (who died), both reportedly experiencing
seizures.
More than fifty eight deaths, including
about twelve in California, (plus 30–40 more pending review) are now listed as
GHB related deaths. On August 4, 1996, a role-model teenager in La Porte, Texas,
died mysteriously after GHB was slipped into her soft drink. On September 11,
1996, that death was ruled to have been a homicide, caused by GHB. This was an
unwitnessed overdose—she went home and went to sleep and died. Many more deaths
have undoubtedly gone without notice since GHB is not part of a standard
toxicology screen. When the first of three bills to criminalize GHB hit the
California Legislature on February 25, 1997, a father came forward on behalf of
the bill because his son had died from GHB ingestion; he held the coroner's
autopsy report stating GHB as the cause in his hand. This was yet another death
previously uncounted and another unwitnessed overdose—he was drunk, took GHB and
passed out and was left to sleep it off, but died during the night.
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Fortunately,
drug analogs (drugs which are primary precursors or are designed for use in lieu
of the drug) are covered in both Schedule I and II. GHB has several analogs of
grave concern, including 1,4 Butanediol which surfaced in Los Angeles on New
Year's Eve (December 31, 1996) in a vial called FX and labeled as kava kava.
Within an hour, 30–50 individuals collapsed from ingesting the substance,
including a 17-year-old who had a heart attack but survived. There was no kava
in the product, just an incredible blast of caffeine and the 1,4 Butanediol,
which is converted into GHB by the body adding an oxygen molecule. This analog
of GHB has now surfaced in Northern California as a Russian herbal product, in
the state of Washington and possibly in Canada. The manufacturer of FX has now
plead guilty in federal court to charges of mislabeling and misrepresenting a
product.
The Los Angeles County Sheriff's
Department recently successfully prosecuted a Lawndale party disc jockey and two
accomplices for drugging and raping ten women and poisoning six others (knocking
out their dates, in some cases). The primary suspect was found guilty on 44
counts; the second suspect was guilty on seven of 15 counts; and the third
worked a deal. The primary suspect was then sentenced to 77 years. Photographs
depicting sex between the men and unconscious women were found in the disc
jockey's van. The victims in this case were enticed into drinking unusual mixed
drinks (such as the ''Oatmeal Cookie'' drink) as a method of covering up the
unpleasant, salty taste associated with GHB. Some victims noted nothing unusual
about the taste of the drinks; some reported it tasted bad or salty; and one
stated that it burned (probably indicating a very high PH level in that batch).
GHB was identified in margarita salt. It should be noted that there were no
positive toxicology tests in this case partly because sexual assault kits at
that time did not include urine (they do now for all of Los Angeles County) and
partly because of the time factor (victims reporting beyond the possible time
limit of 12 hours for getting a GHB positive)
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''Goldschlager,''
a cinnamon flavored liquor, (or comparable product) has come up in GHB
investigations several times, used to mask the salty taste. Long island ice teas
or margaritas are also sometimes used.
Unlike the
use of Rohypnol, where the victims are more likely to be totally unsuspecting
and unable to taste the drug slipped into their drink, victims of GHB sexual
assaults or overdoses are typically convinced to try GHB as an ''energy drink''
or are talked into trying an unusual concoction. The salty taste is still
noticeable, but the victim may simply not sense the
danger.
NOTE: This problem was much LIKE the
Rohypnol (flunitrazepam) issue in that it was NOT under the California
Controlled Substances Act (Rohypnol became controlled as of January 1, 1997),
and it is in fact also used in a number of rapes since it does induce sleep. Law
enforcement has, until now, been unable to deal effectively with issues of
possession, transportation or sales of GHB.
It is
UNLIKE the Rohypnol issue in that Rohypnol is almost exclusively manufactured in
quality controlled labs, albeit outside the United States, and is smuggled into
this country, while GHB is primarily manufactured in ''bath tubs'' with little
regard for proportions and cleanliness. This results in increased danger from
contamination and excessive PH level (''drain cleaner'') and more unpredictable
reactions. GHB powder from Switzerland and liquid in bottles marked ''For
research only'' and presumed to have come into the U.S. via Mexico (as per
statements by suspects) have been encountered.
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While
Rohypnol is known for its paralyzing effect and anterograde amnesia, obvious
benefits to an attacker, GHB (which also causes amnesia) is perhaps best known
for its intense intoxication and enhancement of sexual interest. Thus, GHB
provides a different set of advantages to an attacker and a different level of
nightmare for both the victim of sexual assault and for the law enforcement
agency seeking to prosecute.
Sexual assault
investigators are reporting an increasing number of cases involving the use of
drugs such as GHB, Rohypnol, Flunitrazepam, Ketamine (behavioral analog of PCP
and an animal tranquilizer), Halcion (controversial sleeping pill from which
Rohypnol was derived), Xanax (another benzodiazepine), or Ambien,
etc.
NOTE: Ketamine (Special K), MDMA (Ecstasy)
and GHB are not ''street drugs'' at this time, but flow most freely in the RAVE
crowd. They are the drugs of preference because they are what I call ''soft
hallucinogens.'' Granted, that's my own descriptive term. The real stuff (LSD,
PCP) take one beyond reality, hearing colors, feeling sounds. These three drugs
are credited by their proponents with intensifying reality, letting one see
one's inner self, giving a spiritual, out of body experience,
etc.
All officers should be aware of all above
mentioned drugs and their potential use in sexual assaults or other crimes such
as robberies. These drugs also present officer safety issues, especially for
those working in undercover assignments. Most of these drugs must be identified
through urinalysis by current technology and within a relatively short time
span, while blood has been the common item associated with evidence testing for
sexual assault cases in the past. GHB presents special problems re testing. This
has created a need for law enforcement to re-think and re-write protocols for
handling sexual assault cases, at least where drug use is a possible factor.
Newly formulated sexual assault evidence collection kits (now countywide in Los
Angeles) include urine samples. Officers should be alert at the crime scene for
any loose pills, vials, empty blister pack fragments, drink glasses, milk jugs
or sports-type bottles, for example, that might harbor important evidence of
drug use.
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We
have recently been getting an increasing number of sexual assaults in which
multiple drugs are found in the victim's urine, or stimulants are found, but
perhaps no ''rape drugs.'' When pretext phone calls are utilized, the suspect
may comment about her use of various drugs. Listen closely, he may be telling
you what drugs he employed, and is just trying to put them off on her as
voluntary. First and foremost, get to know your victim; the credibility of your
victim is important. If you believe her, dig deep. Do not write it off just
because stimulants are present. Consider now the timing and testing issues. Was
the urine sample taken AFTER GHB and/or other drugs would have been eliminated?
Did the symptoms she experienced and described match with a drug that could have
already been eliminated?
Here is where the expert
witness testimony becomes critical. She may have been enticed to ingest the
other drugs while highly intoxicated by alcohol and GHB, for example; OR she may
have involuntarily ingested the additional drugs. The suspect may have blown
meth or cocaine or ketamine (Special K—stimulant but with paralyzing effects for
at least a brief period) or MDMA (Ecstasy) literally up her nose (or in some
other manner). Remember, you have to REQUEST testing for unusual drugs. And, can
you trust your testing source? Do NOT base your handling of the case based on a
preliminary screen for drugs. The benezodiazepine screen does NOT pick up on
Rohypnol and many other benzos (such as lorazepam). NOTE: There are about 15–20
benzo's approved for use in the U.S. and numerous other foreign benzo's such as
Rohypnol.
Every possible piece of evidence from
witnesses is important as to her normal condition, normal drink tolerance,
normal or abnormal behavior prior to or at the time of the incident, etc. Do a
thorough interview as to timing involved (between drinks and incident, etc.),
what she does and doesn't recall, and feelings she experienced. Does she
articulate an out of body phase when she watched it happen to herself as if on
TV, but couldn't control the action? This symptom could be induced by a variety
of drugs. Don't ''lead'' your victim with questions like, ''And then did you
feel this way...........?''. Let the drugs talk to you and then see what drug(s)
fits the pattern that develops.
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There
have also been a couple of recent rapes involving ''booting.'' This is a sexual
practice, heterosexual or homosexual, involving putting cocaine or
methamphetamine on the penis or in the vagina or rectum. Both parties get some
drug effect from this practice, though not the ''rush'' associated with other
forms of drug use. I've heard of some apparently unrelated cases which have also
involved the practice of shaving the victim's pubic
area.
Several crime labs in the State may be able
to determine if a substance is GHB, but may not be prepared to perform analysis
on bodily fluids for the presence of GHB. Blood is the primary sample for
analysis, ONLY if there is reason to believe the victim ingested the GHB within
the past four hours, as it remains in the blood for only four to five hours. If
the victim dies, it will remain in the blood. Fortunately, the Los Angeles
County Coroner's Office is now among those capable of testing for GHB, joining
the Orange County and San Francisco Coroners and
others.
GHB is rapidly absorbed, with peak plasma
concentrations occurring 20–60 minutes after oral administration. At a dose of
12.5 mg/kg, half life is 20 minutes. GHB is almost completely oxidized to carbon
dioxide. Only around five percent is eliminated in urine. Quality of testing and
availability of testing for GHB in both body fluids (blood and urine) are
progressing rapidly in response to this health danger being recognized
throughout the country. Work on a field test for law enforcement is
underway.
Since 1990 it has been a federal
felony, under the Food and Drug Administration (FDA) rules, to manufacture GHB
and transport it across state lines for purposes of sales. You may wish to
contact the FDA in some manufacturing cases where you have indications of
crossing state lines with the precursors or the final product. The FDA will
prosecute manufacturing and transportation cases involving appropriate
quantities and circumstances. At this point, no GBL (the primary precursor) is
made in California, indicating that interstate commerce has indeed already
occurred. Even prior to GHB becoming controlled here, California laws relating