throbber
Controlled and Uncontrolled Substances Used to Commit Date Rape
`
`Page 1 of 75
`
`SPEAKERS
`
`CONTENTS
`
`INSERTS
`
`Page 1
`
`TOP OF DOC
`
`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
`
`Page 2
`
`PREV PAGE
`
`TOP OF DOC
`
`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
`
`http://commdocs.house.gov/committees/judiciary/hju62309.000/hju62309_0.htm
`
`JAZZ EXHIBIT 2009
`Amneal Pharms. et al. (Petitioners) v. Jazz Pharms., Inc. (Patent Owner)
`Case IPR2015-00554
`
`Page 1 of 75
`
`

`

`Controlled and Uncontrolled Substances Used to Commit Date Rape
`
`Page 2 of 75
`
`STEVE CHABOT, Ohio
`BOB BARR, Georgia
`WILLIAM L. JENKINS, Tennessee
`ASA HUTCHINSON, Arkansas
`EDWARD A. PEASE, Indiana
`CHRIS CANNON, Utah
`
`Page 3
`
`PREV PAGE
`
`TOP OF DOC
`
`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
`
`Page 4
`
`PREV PAGE
`
`TOP OF DOC
`
`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
`
`http://commdocs.house.gov/committees/judiciary/hju62309.000/hju62309_0.htm
`
`Page 2 of 75
`
`Page 2 of 75
`
`Page 2 of 75
`
`

`

`Controlled and Uncontrolled Substances Used to Commit Date Rape
`
`Page 3 of 75
`
`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
`
`Page 5
`
`PREV PAGE
`
`TOP OF DOC
`
`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
`
`Page 6
`
`PREV PAGE
`
`TOP OF DOC
`
`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''
`
`http://commdocs.house.gov/committees/judiciary/hju62309.000/hju62309_0.htm
`
`Page 3 of 75
`
`Page 3 of 75
`
`Page 3 of 75
`
`

`

`Controlled and Uncontrolled Substances Used to Commit Date Rape
`
`Page 4 of 75
`
` 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
`
`Page 7
`
`PREV PAGE
`
`TOP OF DOC
`
`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.
`
`Page 8
`
`PREV PAGE
`
`TOP OF DOC
`
` 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
`
`http://commdocs.house.gov/committees/judiciary/hju62309.000/hju62309_0.htm
`
`Page 4 of 75
`
`Page 4 of 75
`
`Page 4 of 75
`
`

`

`Controlled and Uncontrolled Substances Used to Commit Date Rape
`
`Page 5 of 75
`
`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.
`
`Page 9
`
`PREV PAGE
`
`TOP OF DOC
`
` 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.
`
`Page 10
`
`PREV PAGE
`
`TOP OF DOC
`
`http://commdocs.house.gov/committees/judiciary/hju62309.000/hju62309_0.htm
`
`Page 5 of 75
`
`Page 5 of 75
`
`Page 5 of 75
`
`

`

`Controlled and Uncontrolled Substances Used to Commit Date Rape
`
`Page 6 of 75
`
` 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.
`
`Page 11
`
`PREV PAGE
`
`TOP OF DOC
`
` 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.
`
`Page 12
`
`PREV PAGE
`
`TOP OF DOC
`
`http://commdocs.house.gov/committees/judiciary/hju62309.000/hju62309_0.htm
`
`Page 6 of 75
`
`Page 6 of 75
`
`Page 6 of 75
`
`

`

`Controlled and Uncontrolled Substances Used to Commit Date Rape
`
`Page 7 of 75
`
` 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.
`
`Page 13
`
`PREV PAGE
`
`TOP OF DOC
`
` 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.
`
`Page 14
`
`PREV PAGE
`
`TOP OF DOC
`
`http://commdocs.house.gov/committees/judiciary/hju62309.000/hju62309_0.htm
`
`Page 7 of 75
`
`Page 7 of 75
`
`Page 7 of 75
`
`

`

`Controlled and Uncontrolled Substances Used to Commit Date Rape
`
`Page 8 of 75
`
` 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
`
`Page 15
`
`PREV PAGE
`
`TOP OF DOC
`
`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
`
`http://commdocs.house.gov/committees/judiciary/hju62309.000/hju62309_0.htm
`
`Page 8 of 75
`
`Page 8 of 75
`
`Page 8 of 75
`
`

`

`Controlled and Uncontrolled Substances Used to Commit Date Rape
`
`Page 9 of 75
`
`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.
`
`Page 16
`
`PREV PAGE
`
`TOP OF DOC
`
` 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.
`
`Page 17
`
`PREV PAGE
`
`TOP OF DOC
`
` 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
`
`http://commdocs.house.gov/committees/judiciary/hju62309.000/hju62309_0.htm
`
`Page 9 of 75
`
`Page 9 of 75
`
`Page 9 of 75
`
`

`

`Controlled and Uncontrolled Substances Used to Commit Date Rape
`
`Page 10 of 75
`
`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.
`
`Page 18
`
`PREV PAGE
`
`TOP OF DOC
`
` 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.
`
`Page 19
`
`PREV PAGE
`
`TOP OF DOC
`
` 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
`
`http://commdocs.house.gov/committees/judiciary/hju62309.000/hju62309_0.htm
`
`Page 10 of 75
`
`Page 10 of 75
`
`Page 10 of 75
`
`

`

`Controlled and Uncontrolled Substances Used to Commit Date Rape
`
`Page 11 of 75
`
`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.
`
`Page 20
`
`PREV PAGE
`
`TOP OF DOC
`
` 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.
`
`Page 21
`
`PREV PAGE
`
`TOP OF DOC
`
` 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
`
`http://commdocs.house.gov/committees/judiciary/hju62309.000/hju62309_0.htm
`
`Page 11 of 75
`
`Page 11 of 75
`
`Page 11 of 75
`
`

`

`Controlled and Uncontrolled Substances Used to Commit Date Rape
`
`Page 12 of 75
`
`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.
`
`Page 22
`
`PREV PAGE
`
`TOP OF DOC
`
` 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.
`
`Page 23
`
`PREV PAGE
`
`TOP OF DOC
`
` Mr. MCCOLLUM. So I actually had that right. So, Mr. Farias, please proceed.
`
`http://commdocs.house.gov/committees/judiciary/hju62309.000/hju62309_0.htm
`
`Page 12 of 75
`
`Page 12 of 75
`
`Page 12 of 75
`
`

`

`Controlled and Uncontrolled Substances Used to Commit Date Rape
`
`Page 13 of 75
`
`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

This document is available on Docket Alarm but you must sign up to view it.


Or .

Accessing this document will incur an additional charge of $.

After purchase, you can access this document again without charge.

Accept $ Charge
throbber

Still Working On It

This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.

Give it another minute or two to complete, and then try the refresh button.

throbber

A few More Minutes ... Still Working

It can take up to 5 minutes for us to download a document if the court servers are running slowly.

Thank you for your continued patience.

This document could not be displayed.

We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.

Your account does not support viewing this document.

You need a Paid Account to view this document. Click here to change your account type.

Your account does not support viewing this document.

Set your membership status to view this document.

With a Docket Alarm membership, you'll get a whole lot more, including:

  • Up-to-date information for this case.
  • Email alerts whenever there is an update.
  • Full text search for other cases.
  • Get email alerts whenever a new case matches your search.

Become a Member

One Moment Please

The filing “” is large (MB) and is being downloaded.

Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.

Your document is on its way!

If you do not receive the document in five minutes, contact support at support@docketalarm.com.

Sealed Document

We are unable to display this document, it may be under a court ordered seal.

If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.


Access Government Site

We are redirecting you
to a mobile optimized page.





Document Unreadable or Corrupt

Refresh this Document
Go to the Docket

We are unable to display this document.

Refresh this Document
Go to the Docket