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37 Colum. J.L. & Soc. Probs. 585 (2003-2004)
The Party's Over: Why the Illicit Drug Anti-Proliferation Act Abridges Economic Liberties

handle is hein.journals/collsp37 and id is 595 raw text is: The Party's Over: Why the Illicit Drug Anti-Proliferation Act Abridges Economic Liberties MICHAEL V. SACHDEV* Ecstasy has spread more rapidly than any other drug in history, especially within rave and nightclub culture, a culture of flashing lights and loud dance music. To curb the use of the drug, Congress passed the Illicit Drug Anti Proliferation Act (2003), an amendment to the federal Crack House Statute. Armed with this amended statute, federal prosecutors have begun to target rave and nightclub owners. The hope is that as these music pro- moters fear prosecution, they will cease to hold rave events, limiting the availability of venues for ecstasy use. The problem with this approach is that it violates the economic liberties of legitimate rave and concert pro- moters. This argument is two-fold. First, the amendment does not cir- cumvent prior case law limiting the statute's application to actual crack houses, and not legitimate businesses. Second, insofar as Congress in- tended the amendment to supplant all of the limiting constructions, the amendment oversteps the Lopez formulation of Congress' Commerce Clause power because it lacks formal congressional findings linking rave promotion to economic drug activities, such as interstate drug trafficking. Against this backdrop, this Note also illustrates the courts' willingness to uphold questionable drug statutes, betraying an obvious policy force in government. Finally, this Note suggests that drug-related youth subcul- tures will always receive less constitutional protection than mainstream art and music movements. * Managing Editor, COLUM. J. L. & SOC. PROBS., 2003-2004. The author would like to thank Columbia Law School Professors James Liebman and H. Richard Uviller for their invaluable guidance, the Journal staff for all their hard work, and Anela Kellogg for her support.

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