The Alcoholic Beverage Control Act, administered by the Department of Alcoholic Beverage Control, regulates the application for, the issuance of, the suspension of, and the conditions imposed upon, various alcoholic beverage licenses. The act requires an applicant for a new permanent on-sale general public premises (Type 48) license or the holder of an existing Type 48 license to offer for sale to their customers drink lids and drug testing devices at a cost not to exceed a reasonable amount based on the wholesale cost of those lids and devices and to post a specific notice about the availability of the drink lids and drug testing devices. The act defines drug testing devices for this purpose to mean specified devices designed to detect the presence of controlled substances in a drink. The act requires the department to post on its internet website a link to a page that contains information about the drug testing device requirements.

The act repeals these requirements on January 1, 2027.

This bill would instead require one of 2 specified notices about the availability of the drink lids and drug testing devices to be posted and would repeal the January 1, 2027, sunset date, thereby indefinitely extending these requirements.

The Alcoholic Beverage Control Act, administered by the Department of Alcoholic Beverage Control, regulates the application for, the issuance of, the suspension of, and the conditions imposed upon, various alcoholic beverage licenses. The act requires an applicant for a new permanent on-sale general public premises (Type 48) license or the holder of an existing Type 48 license to offer for sale to their customers drink lids and drug testing devices at a cost not to exceed a reasonable amount based on the wholesale cost of those lids and devices and to post a specific notice about the availability of the drink lids and drug testing devices. The act defines drug testing devices for this purpose to mean specified devices designed to detect the presence of controlled substances in a drink. The act requires the department to post on its internet website a link to a page that contains information about the drug testing device requirements.

The act repeals these requirements on January 1, 2027.

This bill would instead require one of 2 specified notices about the availability of the drink lids and drug testing devices to be posted and would repeal the January 1, 2027, sunset date, thereby indefinitely extending these requirements.

The Alcoholic Beverage Control Act, administered by the Department of Alcoholic Beverage Control, regulates the application for, the issuance of, the suspension of, and the conditions imposed upon, various alcoholic beverage licenses. The act requires an applicant for a new permanent on-sale general public premises (Type 48) license or the holder of an existing Type 48 license to offer for sale to their customers drink lids and drug testing devices at a cost not to exceed a reasonable amount based on the wholesale cost of those lids and devices and to post a specific notice about the availability of the drink lids and drug testing devices. The act defines drug testing devices for this purpose to mean specified devices designed to detect the presence of controlled substances in a drink. The act requires the department to post on its internet website a link to a page that contains information about the drug testing device requirements.

The act repeals these requirements on January 1, 2027.

This bill would instead require one of 2 specified notices about the availability of the drink lids and drug testing devices to be posted and would repeal the January 1, 2027, sunset date, thereby indefinitely extending these requirements.

The Alcoholic Beverage Control Act, administered by the Department of Alcoholic Beverage Control, regulates the application for, the issuance of, the suspension of, and the conditions imposed upon, various alcoholic beverage licenses. The act requires an applicant for a new permanent on-sale general public premises (Type 48) license or the holder of an existing Type 48 license to offer for sale to their customers drink lids and drug testing devices at a cost not to exceed a reasonable amount based on the wholesale cost of those devices and to post a specific notice about the availability of the drink lids and drug testing devices. The act defines drug testing devices for this purpose to mean specified devices designed to detect the presence of controlled substances in a drink. The act requires the department to post on its internet website a link to a page that contains information about the drug testing device requirements.

The act repeals these requirements on January 1, 2027.

This bill would instead require one of 2 specified notices about the availability of the drink lids and drug testing devices to be posted and would repeal the January 1, 2027, sunset date, thereby indefinitely extending these requirements.

The Alcoholic Beverage Control Act, administered by the Department of Alcoholic Beverage Control, regulates the application for, the issuance of, the suspension of, and the conditions imposed upon, various alcoholic beverage licenses. The act requires an applicant for a new permanent on-sale general public premises (Type 48) license or the holder of an existing Type 48 license to offer for sale to their customers drink lids and drug testing devices at a cost not to exceed a reasonable amount based on the wholesale cost of those devices and to post a specific notice about the availability of the drink lids and drug testing devices. The act defines drug testing devices for this purpose to mean specified devices designed to detect the presence of controlled substances in a drink. The act requires the department to post on its internet website a link to a page that contains information about these the drug testing device requirements.

The act repeals these requirements on January 1, 2027.

This bill would repeal the January 1, 2027, sunset date, thereby indefinitely extending these requirements.

The Alcoholic Beverage Control Act, administered by the Department of Alcoholic Beverage Control, regulates the application for, the issuance of, the suspension of, and the conditions imposed upon, various alcoholic beverage licenses. The act requires an applicant for a new permanent on-sale general public premises (Type 48) license or the holder of an existing Type 48 license to offer for sale to their customers drug testing devices at a cost not to exceed a reasonable amount based on the wholesale cost of those devices and to post a specific notice about the availability of the drug testing devices. The act defines drug testing devices for this purpose to mean specified devices designed to detect the presence of controlled substances in a drink. The act requires the department to post on its internet website a link to a page that contains information about these requirements.

The act repeals these requirements on January 1, 2027.

This bill would repeal the January 1, 2027, sunset date, thereby indefinitely extending these requirements.

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 1982

Author:(Lowenthal)

As Amended Ver:August 3, 2026

Majority vote

SUMMARY

This bill repeals the January 1, 2027, sunset date on the requirement for Type 48 licensees (Bar, Night club) to provide or sell to their customers a drink lid or drug testing device and post specified notices about the availability of drink lids and drug testing devices.

Senate Amendments

1. Provides an on-sale general public premises (Type 48) license an option to post the following alternative notice in a prominent and conspicuous location: "Drink spiking is a crime we take seriously. Concerned about your drink? Drink lids and test kits are available—ask a staff member for details."
2. Makes technical changes.
3. Add coauthor.

COMMENTS

Background.

Drink spiking. Drink spiking, defined as the unsolicited addition of a drug to a drink consumed in a social setting, is a relatively common and growing issue in this country. The term 'getting roofied' typically refers to being dosed with Rohypnol (flunitrazepam) or a similar drug. Since roofies are tasteless, odorless, colorless, and easily dissolvable, perpetrators often use them to drug victims by spiking their drinks. Alongside Rohypnol, other common date rape drugs include Ketamine (Special K) and Gamma-Hydroxybutyrate (GHB).

It is difficult to find comprehensive, up-to-date statistics on the prevalence of drink-spiking/drugging but various state officials and police departments from across the country have stated that it is a problem that needs to be addressed.

Anti-tampering devices. Anti-tampering alcohol drink devices are devices designed to prevent unwanted access or tampering with an individual's alcoholic beverages. These types of devices can be used in bars and clubs and can take different forms such as bottle seals, lids with tamper-evident features, or special locking mechanisms. The purpose of these devices is to ensure the integrity and safety of alcoholic beverages by deterring and detecting any attempts to tamper with the drink. In doing so, they provide reassurance that the drink has not been tampered with. Such devices are particularly useful in environments where the security of an alcoholic drink is a concern, such as bars and nightclubs, where a drink can be left unattended or in situations where an individual wants to safeguard their alcoholic drink.

New requirements on alcohol licensees. In 2023, the Legislature passed, and Governor Newsom signed, AB 1013 (Lowenthal) Chapter 353, Statutes of 2023. This law requires Type 48 licensees (bars and nightclubs), beginning July 1, 2024, through January 1, 2027, to comply with all of the following:

1. Offer drug‑testing devices—such as test strips, stickers, straws, or other tools designed to detect the presence of controlled substances in drinks—that have not exceeded their expiration date or recommended period of use. These devices must test for controlled substances commonly used to spike drinks.
2. Make the drug‑testing devices available to customers for purchase at a price not exceeding a reasonable amount based on the wholesale cost, or provide them free of charge.
3. Post the following notice in a prominent and conspicuous location: "Don't get roofied! Drink spiking drug test kits available here. Ask a staff member for details."

The law impacted approximately 2,400 businesses statewide. An Alcoholic Beverage Control (ABC) licensee is not liable for a defective test or inaccurate test result. Failure to make those products available could result in possible fines and violations by ABC. While the department generally takes an educational approach, including multiple warnings to licensees before any fines and violations are issued, licensees would nonetheless be responsible for ensuring these particular products are always available for purchase.

In 2024, the Legislature passed, and Governor Newsom signed, AB 2375 (Lowenthal), Chapter 714, Statutes of 2024, which requires Type 48 licensees to provide or sell drink lids to customers upon request to help prevent drink spiking. Licensees may charge a reasonable fee for the lids and must update signage regarding both lids and testing kits. This law remains in effect until January 1, 2027.

According to the Author

According to the author's office, "drink spiking remains one of the most insidious threats facing Californians today. Unlike other dangers, it is invisible – you cannot see it, taste it, or smell it. Victims have no warning, and by the time they realize what has happened, the harm is already done – leaving them vulnerable to assault, sexual violence, and other serious crime. AB 1013 and AB 2375 took direct aim at this threat, requiring bars and nightclubs to make drug testing strings and lids available on site. Both bills passed each legislative chamber without a single no vote – a testament to how seriously Californians take this issue. This bill ensures the progress endures. Allowing these protections to sunset would be moving backward, leaving Californians more vulnerable than before."

Arguments in Support

According to the Night's Watch, "drink spiking and drug-facilitated sexual assault remain persistent and underreported threats in nightlife spaces. These incidents not only cause serious, long-term harm to individuals, but also impact the public's perception of nightlife safety and undermine public confidence in nightlife spaces and the broader nighttime economy. As the state of California continues to emphasize nightlife as essential to downtown revitalization & economic recovery, it is essential that the state provides clear standards and prevention tools to reduce the risks of sexual violence perpetration in these spaces."

Arguments in Opposition

None on file.

FISCAL COMMENTS

According to the Senate Committee on Appropriations, pursuant to Senate Rule 28.8, negligible state costs.

VOTES:

ASM GOVERNMENTAL ORGANIZATION: 13-0-9

YES: Blanca Rubio, Davies, Carrillo, Dixon, Fong, Macedo, Nguyen, Pacheco, Solache, Soria, Ta, Valencia, Wallis

ABS, ABST OR NV: Alvarez, Berman, Bryan, Gabriel, Gallagher, Gipson, McKinnor, Ramos, Michelle Rodriguez

ASM APPROPRIATIONS: 14-0-1

YES: Wicks, Hoover, Arambula, Caloza, Dixon, Fong, Mark González, Krell, Muratsuchi, Pacheco, Pellerin, Solache, Ta, Tangipa

ABS, ABST OR NV: Calderon

ASSEMBLY FLOOR: 76-0-4

YES: Aguiar-Curry, Ahrens, Alanis, Alvarez, Arambula, Ávila Farías, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Caloza, Carrillo, Castillo, Chen, Connolly, Davies, DeMaio, Dixon, Elhawary, Ellis, Flora, Fong, Gallagher, Garcia, Gipson, Jeff Gonzalez, Mark González, Hadwick, Haney, Harabedian, Hart, Hoover, Irwin, Jackson, Johnson, Kalra, Krell, Lackey, Lee, Lowenthal, Macedo, McKinnor, Muratsuchi, Nguyen, Ortega, Pacheco, Papan, Patel, Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Ransom, Michelle Rodriguez, Rogers, Blanca Rubio, Sanchez, Schiavo, Schultz, Sharp-Collins, Solache, Soria, Stefani, Ta, Tangipa, Valencia, Wallis, Ward, Wilson, Zbur, Rivas

ABS, ABST OR NV: Addis, Gabriel, Celeste Rodriguez, Wicks

SENATE FLOOR: 39-0-1

YES: Allen, Archuleta, Arreguín, Ashby, Becker, Blakespear, Cabaldon, Caballero, Cervantes, Choi, Cortese, Dahle, Durazo, Gonzalez, Grayson, Grove, Hurtado, Jones, Laird, Limón, McGuire, McNerney, Menjivar, Niello, Ochoa Bogh, Padilla, Pérez, Reyes, Richardson, Rubio, Seyarto, Smallwood-Cuevas, Stern, Strickland, Umberg, Valladares, Wahab, Weber Pierson, Wiener

ABS, ABST OR NV: Alvarado-Gil

UPDATED

VERSION: August 3, 2026

CONSULTANT: Eric Johnson / G.O. / (916) 319-2531 FN: 0003440

 CONSENT  

Bill No: AB 1982

Author: Lowenthal (D), et al.

Amended: 8/3/26 in Senate

Vote: 21

SENATE GOVERNMENTAL ORG. COMMITTEE: 13-0, 6/9/26

AYES: Rubio, Valladares, Archuleta, Ashby, Blakespear, Cervantes, Dahle, Ochoa Bogh, Padilla, Richardson, Smallwood-Cuevas, Wahab, Weber Pierson

NO VOTE RECORDED: Alvarado-Gil, Hurtado

SENATE JUDICIARY COMMITTEE: 13-0, 6/23/26

AYES: Umberg, Niello, Allen, Ashby, Caballero, Durazo, Laird, Reyes, Stern, Valladares, Wahab, Weber Pierson, Wiener

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

ASSEMBLY FLOOR: 76-0, 4/23/26 - See last page for vote

SUBJECT: On-sale general public premises: drink lids and drug testing devices

SOURCE: Author

DIGEST: This bill repeals the January 1, 2027, sunset date on the requirement for Type 48 licensees (Bar, Night club) to provide or sell to their customers a drink lid or drug testing device and post specified notices about the availability of drink lids and drug testing devices.

ANALYSIS:

Existing law:

1. Establishes the Department of Alcoholic Beverage Control (ABC) and grants it exclusive authority to administer the provisions of the ABC Act in accordance with laws enacted by the Legislature. This involves licensing individuals and businesses associated with the manufacture, importation, and sale of alcoholic beverages and the collection of license fees for this purpose.
2. Provides, under the ABC Act, for the issuance of various alcoholic beverage licenses, including the imposition of fees, conditions, and restrictions in connection with the issuance of those licenses.
3. Defines an “on-sale” license as authorizing the sale of all types of alcoholic beverages; namely, beer, wine, and distilled spirits, for consumption on the premises (such as restaurants or bar). An “off-sale” license authorizes the sale of all types of alcoholic beverages for consumption off the premises in original sealed containers.
4. Establishes the Responsible Beverage Service (RBS) Training program that requires the Department of ABC to develop, implement, and administer a curriculum for an RBS training program for servers of alcohol and their managers, as specified. Alcohol servers are required to successfully complete an RBS training course offered or authorized by the Department of ABC.
5. Requires, beginning on January 1, 2027, RBS training to include best practices on how to prevent or protect a person from drink spiking and best practices if a person has been drugged from drink spiking, as defined.
6. Requires on-sale public premises (Type 48 – Bar, Night club) licensees, until January 1, 2027, to offer for sale to their customers drug testing devices at a cost not to exceed a reasonable amount based on the wholesale cost of those devices, as specified and to, upon, request, provide a lid with a customer’s drink, as defined.
7. Requires on-sale public premises (Type 48 – Bar, Night club) licensees to contact and provide specified information to law enforcement or emergency medical services when they are notified by a customer that the customer or another customer believes they have been a victim of drink spiking.
8. Requires that certain licensees, including Type 48 licensees, must maintain a sign reading, “No Person Under 21 Allowed” at or near each public entrance. The sign must be visible from the exterior. In addition, a sign of like size and content must be posted at a prominent place inside the licensed premises.

This bill repeals the January 1, 2027, sunset date on the requirement for Type 48 licensees (Bar, Night club) to provide or sell to their customers a drink lid or drug testing device and post specified notices about the availability of drink lids and drug testing devices.

Background

Author Statement. According to the author’s office, “drink spiking remains one of the most insidious threats facing Californians today. Unlike other dangers, it is invisible – you cannot see it, taste it, or smell it. Victims have no warning, and by the time they realize what has happened, the harm is already done – leaving them vulnerable to assault, sexual violence, and other serious crime. AB 1013 and AB 2375 took direct aim at this threat, requiring bars and nightclubs to make drug testing strings and lids available on site. Both bills passed each legislative chamber without a single no vote – a testament to how seriously Californians take this issue. AB 1982 ensures the progress endures. Allowing these protections to sunset would be moving backward, leaving Californians more vulnerable than before.”

Type 48 Alcohol License. A Type 48 alcohol license, also known as an “On-Sale General Public Premises” license allows for the sale of beer, wine, and distilled spirits for consumption on the premises. These types of licenses are generally used for bars or nightclubs. Food service is not required and minors are not allowed to enter and remain. According to the Department of ABC’s website there are approximately 2,421 Type 48 licenses in the state.

Drink Spiking. According to information provided by the author’s office and various media outlets, it’s difficult to find comprehensive, up-to-date statistics on the prevalence of drink-spiking/drugging but various state officials and police departments from across the country have stated that it is a problem that needs to be addressed. For example, the Boston Police Department (BPD) has issued various statements warning the public to be mindful of alcohol consumption while in the city's bars and clubs. This was after the department said it's "become aware of numerous social media posts from various individuals who state that they were victims of drink spiking at local area bars.” These drugs can cause disorientation, confusion, and temporary paralysis or loss of consciousness, according to the BPD. The drugs can also make potential victims vulnerable to the intentions of a suspect. BPD officials reminded anyone going out to bars or clubs in the city to be aware of where your drink is at all times, never leaving it unattended. They also suggest making sure a drink is served directly by the bartender or server.

In California, the Long Beach Department received, on average, about 25 reports per year from people who felt they had been drugged, while out with friends, possibly by something slipped into their drink. In response to these reports, in 2023 the City of Long Beach launched a pilot program named SipSafe Long Beach that will provide residents with a free test strip that can identify specific drugs in a beverage. Distribution of drug detection test strips and educational outreach are both part of the pilot program. The test strip user drops a small amount of drink fluid onto the test strip, which changes color to a specific shade if a drug is present. The distribution of the strips and other details are still being worked out. The city's Health Department is in charge of managing the program.

Following reports of people feeling as though they had been drugged (or "roofied") at West Hollywood nightlife establishments, the City of West Hollywood has also launched a similar program that included outreach and distribution of disposable test kits that check for illegal substances in drinks. Numerous locations (restaurants, bars, clubs, etc.) have received more than 12,000 test kits, according to reports. The test strips are free, and some bars leave containers of them out for patrons to use.

It should be noted that over the years, the Department of ABC has developed community-oriented policing approaches involving local merchants in deterring crime. It is designed in a manner that fosters and protects the health, safety, welfare, and economic well-being of the people of the State of California.

New Requirements on Type 48 Licensees. In 2023, Governor Newsom signed AB 1013 (Lowenthal, Chapter 253, Statutes of 2023) which requires on-sale public premises (Type 48 – Bar, Night club) licensees, until January 1, 2027, to offer for sale to their customers drug testing devices, upon request. The drug testing devices shall be available for sale to customers, at a price not to exceed a reasonable amount based on the wholesale cost. Alternatively, they may be given to customers free of charge. The bill also required licensee to post the following notice in a prominent and conspicuous location: “Don’t get roofied! Drink spiking drug test kits available here. Ask a staff member for details.”

The law impacted approximately 2,400 businesses statewide. A licensee is not liable for a defective test or inaccurate test result. Failure to make those products available could result in possible fines and violations by ABC. While the department generally takes an educational approach, including multiple warnings to licensees before any fines and violations are issued, licensees would nonetheless be responsible for ensuring these products are always available for purchase. The Department of ABC will not sell or provide kits, and does not recommend or endorse any specific company that does.

Two years ago, the Governor also signed AB 2375 (Lowenthal, 2024, Chapter 714, Statutes of 2024) requiring on-sale public premises (Type 48 – Bar, Night Club) licensees, until January 1, 2027, to, upon, request, provide a lid with a customer’s drink, as defined.

This bill removes the January 1, 2027, sunset dates for both bills, thereby making their provisions permanent.

Drink Spiking Prevention Lids. Drink spiking prevention lids are specially designed covers or seals for drink containers designed to safeguard beverages from being tampered with, specifically to prevent the authorized addition of dangerous substances.

There are various designs. For example, some are sealed lids that completely cover the drink’s opening, with or without a small hole for a straw. There are also stretchable covers, which are generally elastic covers that can be stretched over different sizes of cups or glasses. While some are quite simple, having the same design as a sticker that attaches to the top of a glass, others can have advanced features. For example, some have detection mechanisms whereby the lid can detect the presence of foreign substances and change color or trigger an alert.

Prior/Related Legislation

AB 668 (Lowenthal, 2025) would have required, beginning July 1, 2026, and until January 1, 2029, any person who obtains a catering authorization or daily on-sale license for the sale of alcoholic beverages at a large outdoor event to offer drug testing devices, provide drink lids upon request, and comply with notification and signage requirements related to drink spiking, as specified. (Held in the Senate Appropriations Suspense File)

AB 1524 (Lowenthal, Chapter 679, Statutes of 2024) requires the California State University and each community college district and encourages the University of California, independent institutions, and private postsecondary education institutions, to stock drug testing devices in the health center located on each campus, free of cost.

AB 2375 (Lowenthal, Chapter 714, Statutes of 2024) requires on-sale general public premises (Type 48 – Bar, Nightclub) licensees to offer for sale to their customers, upon request, a lid with a customer’s drink.

AB 2389 (Lowenthal, Chapter 310, Statutes of 2024) requires on-sale public premises (Type 48 – Bar, Night club) licensees to contact and provide specified information to law enforcement or emergency medical services when they are notified by a customer that the customer or another customer believes they have been victim of drink spiking.

AB 2402 (Lowenthal, Chapter 829, Statutes of 2024) the bill requires the Responsible Beverage Services training courses, on or before July 1, 2027, to include best practices on how to prevent or protect a person from drink spiking, as specified.

AB 1013 (Lowenthal, Chapter 353, Statutes of 2023) requires on-sale general public premises (Type 48 – Bar, Night club) licensees to offer for sale to their customers drug testing devices at a cost not to exceed a reasonable amount based on the wholesale cost of those devices)

AB 1221 (Gonzalez Fletcher, Chapter 847, Statutes of 2017) establishes the RBS Training Act of 2027, and requires the Department of ABC, on or before January 1, 2020, to develop, implement, and administer a curriculum for an RBS training program, as specified. Additionally, the bill requires, beginning July 1, 2021, an alcohol server, as defined, to successfully complete an RBS training course offered or authorized by the Department of ABC.

SB 1182 (Galgiani, Chapter 893, Statutes of 2016) provides that the possession of gamma hydroxybutyric acid (GHB), flunitrazepam (Rohypnol), or ketamine with the intent to commit a sex crime, as defined, is a felony, punishable for 16 months, two years, or three years.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

According to the Senate Appropriations Committee, staff notes that the Department of ABC’s activities are funded by regulatory and license fees and generally the department does not receive support from the General Fund. New legislative mandates, although modest in scope, may in totality create new cost pressures and impact the department’s operating costs and future budget requests.

SUPPORT: (Verified 8/3/26)

Alcohol Justice

The Night’s Watch

Sexual Harassment & Assault Prevention + Prevention

OPPOSITION: (Verified 8/3/26)

None received

ARGUMENTS IN SUPPORT: According to the Night’s Watch, “drink spiking and drug-facilitated sexual assault remain persistent and underreported threats in nightlife spaces. These incidents not only cause serious, long-term harm to individuals, but also impact the public’s perception of nightlife safety and undermine public confidence in nightlife spaces and the broader nighttime economy. As the state of California continue to emphasize nightlife as essential to downtown revitalization & economic recovery, it is essential that the state provides clear standards and prevention tools to reduce the risks of sexual violence perpetration in these spaces.”

ASSEMBLY FLOOR: 76-0, 4/23/26

AYES: Aguiar-Curry, Ahrens, Alanis, Alvarez, Arambula, Ávila Farías, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Caloza, Carrillo, Castillo, Chen, Connolly, Davies, DeMaio, Dixon, Elhawary, Ellis, Flora, Fong, Gallagher, Garcia, Gipson, Jeff Gonzalez, Mark González, Hadwick, Haney, Harabedian, Hart, Hoover, Irwin, Jackson, Johnson, Kalra, Krell, Lackey, Lee, Lowenthal, Macedo, McKinnor, Muratsuchi, Nguyen, Ortega, Pacheco, Papan, Patel, Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Ransom, Michelle Rodriguez, Rogers, Blanca Rubio, Sanchez, Schiavo, Schultz, Sharp-Collins, Solache, Soria, Stefani, Ta, Tangipa, Valencia, Wallis, Ward, Wilson, Zbur, Rivas

NO VOTE RECORDED: Addis, Gabriel, Celeste Rodriguez, Wicks

Prepared by: Felipe Lopez / G.O. / (916) 651-1530

8/5/26 15:04:11

**** END ****

SENATE JUDICIARY COMMITTEE

Senator Thomas Umberg, Chair

2025-2026 Regular Session

Bill No: AB 1982 (Author:Lowenthal)

Version: June 15, 2026

Hearing Date: June 23, 2026

Fiscal: Yes

Urgency: No

Consultant: ME

SUBJECT

On-sale general public premises: drink lids and drug testing devices

DIGEST

This bill removes the sunset date from provisions of law that require holders of and applicants for a bar/night club license to offer for sale drug testing devices at reasonable prices. Such licensees are immune from liability for defective or inaccurate tests.

EXECUTIVE SUMMARY

The Alcoholic Beverage Control Act regulates the licensing of businesses that serve alcoholic beverages. A Type 48 license is associated with bars or night clubs authorized to sell beer, wine, and distilled spirits for consumption on the premises where sold. Minors are prohibited from entering. AB 1013 (Lowenthal, Ch. 353, Stats. 2023) was passed in 2023 and requires such licensees to sell, at a reasonable price, drug testing devices to patrons. These devices include test strips, stickers, straws, and other devices designed to detect the presence of controlled substances in a drink.

The goal of AB 1013 was to address the incidence of drink spiking in such establishments and to prevent the commission of crimes associated with such conduct, namely sexual assault and rape. This Committee reviewed the legislation because it provided immunity to licensees from liability for defective tests and inaccurate test results. The provisions enacted by AB 1013 are set to sunset on at the end of this year. The author of AB 1013 brings this bill to remove the sunset.

The bill is author-sponsored. It is supported by Alcohol Justice. There is no known opposition. The bill passed out of the Senate Governmental Organization Committee on a 13 to 0 vote.

PROPOSED CHANGES TO THE LAW

Existing law:

1. Requires an applicant for a new permanent on-sale general public premises (Type 48) license or the holder of an existing Type 48 license to offer for sale to their customers drug testing devices at a cost not to exceed a reasonable amount based on the wholesale cost of the drug testing devices. (Bus. & Prof. Code § 25624 (b).)
2. Requires licensees to post notices of this requirement, as provided. (Bus. & Prof. Code § 25624 (c).)
3. Provides that a licensee shall not be held liable for a defective test or inaccurate test result, including a false positive or false negative test result. However, a licensee shall ensure that all testing devices offered to customers have not exceeded their expiration date or recommended period of use, according to the product label, product packaging, or otherwise recommended by the manufacturer. (Bus. & Prof. Code §§ 25624 (e), (f).)
4. Defines “drug testing devices” as test strips, stickers, straws, and other devices designed to detect the presence of controlled substances in a drink. Controlled substances include flunitrazepam, ketamine, and gamma hydroxybutyric acid, also known by other names, including GHB, gamma hydroxybutyrate, 4-hydroxybutyrate, 4-hydroxybutanoic acid, sodium oxybate, and sodium oxybutyrate. (Bus. & Prof. Code § 25624 (a).)
5. Requires an applicant for a new permanent on-sale general public premises (Type 48) license or the holder of an existing Type 48 license to, upon request, provide a lid with a customer’s drink, as specified. (Bus. & Prof. Code § 25625.)
6. Sunsets the above provisions on January 1, 2027. (Bus. & Prof. Code § 25624 (i) & § 25625 (f).)

This bill:

1. Removes the sunset in Business and Professions Code sections 25624 and 25625.
2. Gives establishments an option to use the following alternative notice: “Drink spiking is a crime we take seriously. Concerned about your drink? Drink lids and test kits are available—ask a staff member for details.”

COMMENTS

1. Stated need for the bill

According to the author:

Drink spiking remains one of the most insidious threats facing Californians today. Unlike other dangers, it is invisible — you cannot see it, taste it, or smell it. Victims have no warning, and by the time they realize what has happened, the harm is already done — leaving them vulnerable to assault, sexual violence, and other serious crimes.

AB 1013 and AB 2375 took direct aim at this threat, requiring bars and nightclubs to make drug testing strips and lids available on site. Both bills passed each legislative chamber without a single no vote — a testament to how seriously Californians take this issue. AB 1982 ensures that progress endures. Allowing these protections to sunset would be moving backward, leaving Californians more vulnerable than before.

2. Civil liability and immunity

As a general rule, California law provides that persons are responsible, not only for the result of their willful acts, but also for an injury occasioned to another by their want of ordinary care or skill in the management of their property or person, except so far as the latter has, willfully or by want of ordinary care, brought the injury upon themselves. (Civ. Code § 1714(a).) Liability has the primary effect of ensuring that some measure of recourse exists for those persons injured by the negligent or willful acts of others; the risk of that liability has the primary effect of ensuring parties act reasonably to avoid harm to those to whom they owe a duty.

Conversely, immunity from liability disincentivizes careful planning and acting on the part of individuals and entities. When one enjoys immunity from civil liability, it is relieved of the responsibility to act with due regard and an appropriate level of care in the conduct of its activities. Immunity provisions are also disfavored because they, by their nature, preclude parties from recovering when they are injured, and force injured parties to absorb losses for which they are not responsible. Liability acts not only to allow a victim to be made whole, but to encourage appropriate compliance with legal requirements.

Although immunity provisions are rarely preferable, the Legislature has in limited scenarios approved measured immunity from liability (as opposed to blanket immunities) to promote other policy goals that could benefit the public. Immunities are generally afforded when needed to ensure the willingness of individuals to continue taking on certain roles that may involve some risk and to incentivize certain conduct, such as the provision of life-saving or other critical services. Examples include protections for use of CPR (Civ. Code § 1714.2); use of an automated external defibrillator (Civ. Code § 1714.21); use of opiate overdose treatment (Civ. Code § 1714.22); providing emergency care at the scene of an emergency (Health & Saf. Code §§ 1799.102, 1799.106); and performing emergency rescue services (Health & Saf. Code § 1799.107). However, as indicated above, rarely is immunity absolute, and these immunities generally do not cover grossly negligent conduct or intentional misconduct.

AB 1013 (Lowenthal, 2023) was signed into law in 2023. It requires an applicant for a new permanent on-sale general public premises (Type 48) license or the holder of an existing Type 48 license to offer for sale to their customers drug testing devices at a cost not to exceed a reasonable amount based on the wholesale cost of the drug testing devices. These devices include test strips, stickers, straws, and other devices designed to detect the presence of controlled substances in a drink. The goal of AB 1013 was to address the incidence of drink spiking in such establishments and to prevent the commission of crimes associated with such conduct, namely sexual assault and rape.

AB 1013 included a provision specifying that licensees shall not be held liable for a defective test or inaccurate test result, including a false positive or false negative test result. However, a licensee shall ensure that all testing devices offered to customers have not exceeded their expiration date or recommended period of use, according to the product label, product packaging, or otherwise recommended by the manufacturer. This is a narrow immunity that applies only to the effectiveness of the product the licensees are required to purchase and sell. Given the strong public policy aim, the Committee approved the bill with this immunity. Committee staff have not been provided with any evidence of problems that have arisen due to the narrow immunity.

SUPPORT

The Night’s Watch

OPPOSITION

None received

RELATED LEGISLATION

Pending Legislation: None known.

Prior Legislation:

AB 2375 (Lowenthal, Ch. 714, Stats. 2024) required on-sale general public premises (Type 48 – Bar, Night Club) licensees to offer for sale to their customers, upon request, a lid with a customer’s drink.

AB 1013 (Lowenthal, Ch. 353, Stats. 2023) required on-sale general public premises (Type 48 – Bar, Night Club) licensees to offer for sale to their customers drug testing devices at a cost not to exceed a reasonable amount based on the wholesale cost of those devices.

PRIOR VOTES:

Senate Governmental Organization Committee (Ayes 13, Noes 0)

Assembly Floor (Ayes 76, Noes 0)

Assembly Appropriations Committee (Ayes 14, Noes 0)

Assembly Governmental Organization Committee (Ayes 13, Noes 0)

**************

SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION

Senator Susan Rubio

Chair

2025 - 2026 Regular

Bill No: Hearing Date: 6/9/2026

SUBJECT:

DIGEST: This bill repeals the January 1, 2027, sunset date on the requirement for Type 48 licensees (Bar, Night club) to provide or sell to their customers a drink lid or drug testing device and post specified notices about the availability of drink lids and drug testing devices.

ANALYSIS:

Existing law:

1. Establishes the Department of Alcoholic Beverage Control (ABC) and grants it exclusive authority to administer the provisions of the ABC Act in accordance with laws enacted by the Legislature. This involves licensing individuals and businesses associated with the manufacture, importation, and sale of alcoholic beverages and the collection of license fees for this purpose.
2. Provides, under the ABC Act, for the issuance of various alcoholic beverage licenses, including the imposition of fees, conditions, and restrictions in connection with the issuance of those licenses.
3. Defines an “on-sale” license as authorizing the sale of all types of alcoholic beverages; namely, beer, wine, and distilled spirits, for consumption on the premises (such as restaurants or bar). An “off-sale” license authorizes the sale of all types of alcoholic beverages for consumption off the premises in original sealed containers.
4. Establishes the Responsible Beverage Service (RBS) Training program that requires the Department of ABC to develop, implement, and administer a curriculum for an RBS training program for servers of alcohol and their managers, as specified. Alcohol servers are required to successfully complete an RBS training course offered or authorized by the Department of ABC.
5. Requires, beginning on January 1, 2027, RBS training to include best practices on how to prevent or protect a person from drink spiking and best practices if a person has been drugged from drink spiking, as defined.
6. Requires on-sale public premises (Type 48 – Bar, Night club) licensees, until January 1, 2027, to offer for sale to their customers drug testing devices at a cost not to exceed a reasonable amount based on the wholesale cost of those devices, as specified and to, upon, request, provide a lid with a customer’s drink, as defined.
7. Requires on-sale public premises (Type 48 – Bar, Night club) licensees to contact and provide specified information to law enforcement or emergency medical services when they are notified by a customer that the customer or another customer believes they have been a victim of drink spiking.
8. Requires that certain licensees, including Type 48 licensees, must maintain a sign reading, “No Person Under 21 Allowed” at or near each public entrance. The sign must be visible from the exterior. In addition, a sign of like size and content must be posted at a prominent place inside the licensed premises.
9. Provides that every person who willfully mingles any poison or harmful substance with any food, drink, medicine, or pharmaceutical product or who willfully places any poison or harmful substance in any spring, well, reservoir, or public water supply, where the person knows or should have known that the same would be taken by any human being to his or her injury, is guilty of a felony punishable by imprisonment in the state prison for two, four, or five years. Any violation involving the use of a poison or harmful substance that may cause death if ingested or that causes the infliction of great bodily injury on any person shall be punished by an additional term of three years.
10. Generally provides that a violation of the ABC Act is a misdemeanor.

This bill repeals the January 1, 2027, sunset date on the requirement for Type 48 licensees (Bar, Night club) to provide or sell to their customers a drink lid or drug testing device and post specified notices about the availability of drink lids and drug testing devices.

Background

Author Statement. According to the author’s office, “drink spiking remains one of the most insidious threats facing Californians today. Unlike other dangers, it is invisible – you cannot see it, taste it, or smell it. Victims have no warning, and by the time they realize what has happened, the harm is already done – leaving them vulnerable to assault, sexual violence, and other serious crime. AB 1013 and AB 2375 took direct aim at this threat, requiring bars and nightclubs to make drug testing strings and lids available on site. Both bills passed each legislative chamber without a single no vote – a testament to how seriously Californians take this issue. AB 1982 ensures the progress endures. Allowing these protections to sunset would be moving backward, leaving Californians more vulnerable than before.”

Type 48 Alcohol License. A Type 48 alcohol license, also known as an “On-Sale General Public Premises” license allows for the sale of beer, wine, and distilled spirits for consumption on the premises. These types of licenses are generally used for bars or nightclubs. Food service is not required and minors are not allowed to enter and remain. According to the Department of ABC’s website there are approximately 2,421 Type 48 licenses in the state.

Drink Spiking. According to information provided by the author’s office and various media outlets, it’s difficult to find comprehensive, up-to-date statistics on the prevalence of drink-spiking/drugging but various state officials and police departments from across the country have stated that it is a problem that needs to be addressed. For example, the Boston Police Department (BPD) has issued various statements warning the public to be mindful of alcohol consumption while in the city's bars and clubs. This was after the department said it's "become aware of numerous social media posts from various individuals who state that they were victims of drink spiking at local area bars.” These drugs can cause disorientation, confusion, and temporary paralysis or loss of consciousness, according to the BPD. The drugs can also make potential victims vulnerable to the intentions of a suspect. BPD officials reminded anyone going out to bars or clubs in the city to be aware of where your drink is at all times, never leaving it unattended. They also suggest making sure a drink is served directly by the bartender or server.

In California, the Long Beach Department received, on average, about 25 reports per year from people who felt they had been drugged, while out with friends, possibly by something slipped into their drink. In response to these reports, in 2023 the City of Long Beach launched a pilot program named SipSafe Long Beach that will provide residents with a free test strip that can identify specific drugs in a beverage. Distribution of drug detection test strips and educational outreach are both part of the pilot program. The test strip user drops a small amount of drink fluid onto the test strip, which changes color to a specific shade if a drug is present. The distribution of the strips and other details are still being worked out. The city's Health Department is in charge of managing the program.

Following reports of people feeling as though they had been drugged (or "roofied") at West Hollywood nightlife establishments, the City of West Hollywood has also launched a similar program that included outreach and distribution of disposable test kits that check for illegal substances in drinks. Numerous locations (restaurants, bars, clubs, etc.) have received more than 12,000 test kits, according to reports. The test strips are free, and some bars leave containers of them out for patrons to use.

It should be noted that over the years, the Department of ABC has developed community-oriented policing approaches involving local merchants in deterring crime. It is designed in a manner that fosters and protects the health, safety, welfare, and economic well-being of the people of the State of California.

New Requirements on Type 48 Licensees. In 2023, Governor Newsom signed AB 1013 (Lowenthal, Chapter 253, Statutes of 2023) which requires on-sale public premises (Type 48 – Bar, Night club) licensees, until January 1, 2027, to offer for sale to their customers drug testing devices, upon request. The drug testing devices shall be available for sale to customers, at a price not to exceed a reasonable amount based on the wholesale cost. Alternatively, they may be given to customers free of charge. The bill also required licensee to post the following notice in a prominent and conspicuous location: “Don’t get roofied! Drink spiking drug test kits available here. Ask a staff member for details.”

The law impacted approximately 2,400 businesses statewide. A licensee is not liable for a defective test or inaccurate test result. Failure to make those products available could result in possible fines and violations by ABC. While the department generally takes an educational approach, including multiple warnings to licensees before any fines and violations are issued, licensees would nonetheless be responsible for ensuring these products are always available for purchase. The Department of ABC will not sell or provide kits, and does not recommend or endorse any specific company that does.

Two years ago, the Governor also signed AB 2375 (Lowenthal, 2024, Chapter 714, Statutes of 2024) requiring on-sale public premises (Type 48 – Bar, Night Club) licensees, until January 1, 2027, to, upon, request, provide a lid with a customer’s drink, as defined.

This bill removes the January 1, 2027, sunset dates for both bills, thereby making their provisions permanent.

Drink Spiking Prevention Lids. Drink spiking prevention lids are specially designed covers or seals for drink containers designed to safeguard beverages from being tampered with, specifically to prevent the authorized addition of dangerous substances.

There are various designs. For example, some are sealed lids that completely cover the drink’s opening, with or without a small hole for a straw. There are also stretchable covers, which are generally elastic covers that can be stretched over different sizes of cups or glasses. While some are quite simple, having the same design as a sticker that attaches to the top of a glass, others can have advanced features. For example, some have detection mechanisms whereby the lid can detect the presence of foreign substances and change color or trigger an alert.

Responsible Beverage Service Training. In 2017, Governor Brown signed AB 1221 (Gonzalez Fletcher, Chapter 847, Statutes of 2017) which required the Department of ABC, to develop, implement, and administer a curriculum for an RBS training program. The bill requires anyone that is employed at an ABC on-premises licensed establishment who is responsible for checking identifications, taking customer orders, and pouring or delivering alcoholic beverages to have a valid RBS certification from the Department of ABC by July 1, 2021. This date would be delayed by the Department of ABC until August 31, 2022, after issues arose with individuals being able to access RBS training in a timely manner and a lack of training courses in languages other than English. When announcing this extension, the Department of ABC made it clear that even after the August 31, 2022, deadline; the department would focus on an education first approach rather than seeking administrative fines on licensees.

RBS training requires servers and their managers to register in the RBS Portal, take RBS training from an approved training provider, and pass the department’s RBS exam within 60 days of their first date of employment. On-premises locations include, but are not limited to, bars, restaurants, tasting rooms, clubs, stadiums, movie theaters, hotels, and caterers. Covered licensees are required to maintain records of their various certifications, and violators are subject to unspecified “disciplinary action.”

The RBS training is currently available in English, Chinese, Hindi, Korean, Punjabi, Spanish, Tagalog, and Vietnamese. RBS certifications are valid for three years. RBS servers and license administrators with an RBS server roster will receive email notifications prior to the server’s expiration date.

Two years ago, Governor Newsom signed AB 2402 (Lowenthal, Chapter 829, Statutes of 2024) to require RBS training courses, on or before July 1, 2027, to include best practices on how to prevent or protect a person from drink spiking, as specified.

Department of ABC’s Inspection and Advisement. The Department of ABC carries out business inspections through its Informed Merchants Preventing Alcohol-Related Crime Tendencies (IMPACT) Program. The Department of ABC created IMPACT in 1984 as a preventative and educational program. It employs a community-oriented policing strategy that involves local businesses in deterring crime. IMPACT teams select and survey licensed outlets at random. During their visits, IMPACT teams remind licensees of the responsibilities and accountability associated with the sale of alcohol. The officers also inspect licensed premises for compliance with state and local laws. The officers may look for loitering, litter, graffiti, posted signs, slot machines, lack of food service in restaurants, illegal weapons, or other violations. Although education is the main goal, if any major violations are discovered during the inspections, officers will act. A checklist is used to note any violations observed, and it is given to the licensee. Any issues must then be fixed by the licensee.

Prior/Related Legislation

AB 668 (Lowenthal, 2025) would have required, beginning July 1, 2026, and until January 1, 2029, any person who obtains a catering authorization or daily on-sale license for the sale of alcoholic beverages at a large outdoor event to offer drug testing devices, provide drink lids upon request, and comply with notification and signage requirements related to drink spiking, as specified. (Held in the Senate Appropriations Suspense File)

AB 1524 (Lowenthal, Chapter 679, Statutes of 2024) requires the California State University and each community college district and encourages the University of California, independent institutions, and private postsecondary education institutions, to stock drug testing devices in the health center located on each campus, free of cost.

AB 2375 (Lowenthal, Chapter 714, Statutes of 2024) requires on-sale general public premises (Type 48 – Bar, Nightclub) licensees to offer for sale to their customers, upon request, a lid with a customer’s drink.

AB 2389 (Lowenthal, Chapter 310, Statutes of 2024) requires on-sale public premises (Type 48 – Bar, Night club) licensees to contact and provide specified information to law enforcement or emergency medical services when they are notified by a customer that the customer or another customer believes they have been victim of drink spiking.

AB 2402 (Lowenthal, Chapter 829, Statutes of 2024) the bill requires the Responsible Beverage Services training courses, on or before July 1, 2027, to include best practices on how to prevent or protect a person from drink spiking, as specified.

AB 1013 (Lowenthal, Chapter 353, Statutes of 2023) requires on-sale general public premises (Type 48 – Bar, Night club) licensees to offer for sale to their customers drug testing devices at a cost not to exceed a reasonable amount based on the wholesale cost of those devices)

AB 1221 (Gonzalez Fletcher, Chapter 847, Statutes of 2017) establishes the RBS Training Act of 2027, and requires the Department of ABC, on or before January 1, 2020, to develop, implement, and administer a curriculum for an RBS training program, as specified. Additionally, the bill requires, beginning July 1, 2021, an alcohol server, as defined, to successfully complete an RBS training course offered or authorized by the Department of ABC.

SB 1182 (Galgiani, Chapter 893, Statutes of 2016) provides that the possession of gamma hydroxybutyric acid (GHB), flunitrazepam (Rohypnol), or ketamine with the intent to commit a sex crime, as defined, is a felony, punishable for 16 months, two years, or three years.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

SUPPORT:

Alcohol Justice

The Night’s Watch

Sexual Harassment & Assault Prevention + Prevention

OPPOSITION:

None received

ARGUMENTS IN SUPPORT: According to the Night’s Watch, “drink spiking and drug-facilitated sexual assault remain persistent and underreported threats in nightlife spaces. These incidents not only cause serious, long-term harm to individuals, but also impact the public’s perception of nightlife safety and undermine public confidence in nightlife spaces and the broader nighttime economy. As the state of California continue to emphasize nightlife as essential to downtown revitalization & economic recovery, it is essential that the state provides clear standards and prevention tools to reduce the risks of sexual violence perpetration in these spaces.”

DUAL REFERRAL: Senate Governmental Organization Committee & Senate Judiciary Committee

ASSEMBLY THIRD READING

ATR Bill Id:AB 1982

Author:(Lowenthal)

As Amended Ver:March 12, 2026

Majority vote

SUMMARY

This bill extends indefinitely the requirement for a bar or nightclub to offer customers, upon

request, a drink lid or drug testing device. Specifically, this bill repeals the January 1, 2027, sunset date on the requirement for Type 48 license (Bar, Nightclub) to provide or sell to their customers a drink lid or drug testing device and post specified notices about the availability of drink lids and drug testing devices.

Major Provisions

1) Requires an applicant for a new permanent on-sale general public premises license or the holder of an existing on-sale general public premises to, upon request, provide a lid, as defined, with a customer's drink. Provides that the lid is not required to fill all containers in which alcoholic beverages are served on the premises but shall fit at least one. Requires the licensee to post a specified notice in a prominent and conspicuous location (as defined). Clarifies that nothing prohibits a Type 48 licensee from offering lids to customers free of charge. Provides that a violation of these requirements is not a crime. Establishes that a sole violation, including failure to comply with the notice requirement, shall result in a warning issued by the Department of Alcoholic Beverage Control (ABC) for the first offense. Includes a sunset date of January 1, 2027.

2) Requires an applicant for a new permanent on-sale general public premises (Type 48) license or the holder of an existing Type 48 license to offer for sale to their customers drug testing devices at a cost not to exceed a reasonable amount based on the wholesale cost of those devices.

Requires the licensee to post a specified notice in a prominent and conspicuous location, as

defined. Provides that a licensee shall not be held liable for a defective test or an inaccurate test

result, including, but not limited to, false positive or false negative results. Requires the licensee

to ensure that all testing devices offered to customers have not exceeded their expiration date or

recommended period of use, as indicated on the product label, packaging, or by the manufacturer. Defines "drug testing devices" to include test strips, stickers, straws, and other devices designed to detect the presence of controlled substances in a drink. Includes a sunset date of January 1, 2027.

COMMENTS

Background.

Drink spiking. Drink spiking, defined as the unsolicited addition of a drug to a drink consumed in a social setting, is a relatively common and growing issue in this country. The term 'getting roofied' typically refers to being dosed with Rohypnol (flunitrazepam) or a similar drug. Since roofies are tasteless, odorless, colorless, and easily dissolvable, perpetrators often use them to drug victims by spiking their drinks. Alongside Rohypnol, other common date rape drugs include Ketamine (Special K) and Gamma-Hydroxybutyrate (GHB).

It is difficult to find comprehensive, up-to-date statistics on the prevalence of drink-spiking/drugging but various state officials and police departments from across the country have stated that it is a problem that needs to be addressed.

Anti-tampering devices. Anti-tampering alcohol drink devices are devices designed to prevent unwanted access or tampering with an individual's alcoholic beverages. These types of devices can be used in bars and clubs and can take different forms such as bottle seals, lids with tamper-evident features, or special locking mechanisms. The purpose of these devices is to ensure the integrity and safety of alcoholic beverages by deterring and detecting any attempts to tamper with the drink. In doing so, they provide reassurance that the drink has not been tampered with. Such devices are particularly useful in environments where the security of an alcoholic drink is a concern, such as bars and nightclubs, where a drink can be left unattended or in situations where an individual wants to safeguard their alcoholic drink.

New requirements on alcohol licensees. In 2023, the Legislature passed, and Governor Newsom signed, AB 1013 (Lowenthal). This law requires Type 48 licensees (bars and nightclubs), beginning July 1, 2024, through January 1, 2027, to comply with all of the following:

1. Offer drug‑testing devices—such as test strips, stickers, straws, or other tools designed to detect the presence of controlled substances in drinks—that have not exceeded their expiration date or recommended period of use. These devices must test for controlled substances commonly used to spike drinks.
2. Make the drug‑testing devices available to customers for purchase at a price not exceeding a reasonable amount based on the wholesale cost, or provide them free of charge.
3. Post the following notice in a prominent and conspicuous location: "Don't get roofied! Drink spiking drug test kits available here. Ask a staff member for details."

The law impacted approximately 2,400 businesses statewide. An ABC licensee is not liable for a defective test or inaccurate test result. Failure to make those products available could result in possible fines and violations by ABC. While the department generally takes an educational approach, including multiple warnings to licensees before any fines and violations are issued, licensees would nonetheless be responsible for ensuring these particular products are always available for purchase.

In 2024, the Legislature passed, and Governor Newsom signed, AB 2375 (Lowenthal), Chapter 714, Statutes of 2024, which requires Type 48 licensees to provide or sell drink lids to customers upon request to help prevent drink spiking. Licensees may charge a reasonable fee for the lids and must update signage regarding both lids and testing kits. This law remains in effect until January 1, 2027.

According to the Author

According to the author, "Drink spiking remains one of the most insidious threats facing Californians today. Unlike other dangers, it is invisible — you cannot see it, taste it, or smell it. Victims have no warning, and by the time they realize what has happened, the harm is already done — leaving them vulnerable to assault, sexual violence, and other serious crimes. In 2023, AB 1013 took direct aim at this threat, requiring bars and nightclubs to make drug testing strips available on site. That bill passed both chambers without a single no vote — a testament to how seriously Californians take this issue. AB 1982 ensures that progress endures. Allowing these protections to sunset would be moving backward, leaving Californians more vulnerable than before."

Arguments in Support

The Night's Watch writes in support of this bill, "AB 1982 works to make nights out in San Francisco safer by empowering the nightlife community to challenge the culture of sexual and gender-based violence through outreach, education, and advocacy. This bill represents an important step forward in strengthening California's response to drink spiking and related forms of harm. By removing the sunset date, this legislation will provide the long-term stability needed for venues, advocates, and public agencies to integrate prevention measures into nightlife operations and support safer nightlife environments across the state."

Arguments in Opposition

None on file

FISCAL COMMENTS

According to the Assembly Committee on Appropriations, "Minor and absorbable costs to the Department of Alcoholic Beverage Control (ABC) to continue education and enforcement efforts regarding the provision of drink lids and drug testing devices by Type 48 licensees approximately 2,500 bars and nightclubs). ABC notes that such efforts are carried out by agents during the course of ABC's usual inspections or investigations. This committee sees a wide array of bills that propose to modify the scope of alcohol laws. Generally, the majority of proposals do not generate significant new workload for ABC, but taken together, these proposals could lead to significant new costs and future budget requests. In this case, ABC has found most premises to be in compliance with the existing drink lid and drug testing device requirement, with the remaining premises voluntarily coming into compliance after being informed of the requirement."

VOTES

ASM GOVERNMENTAL ORGANIZATION: 13-0-9

YES: Blanca Rubio, Davies, Carrillo, Dixon, Fong, Macedo, Nguyen, Pacheco, Solache, Soria, Ta, Valencia, Wallis

ABS, ABST OR NV: Alvarez, Berman, Bryan, Gabriel, Gallagher, Gipson, McKinnor, Ramos, Michelle Rodriguez

ASM APPROPRIATIONS: 14-0-1

YES: Wicks, Hoover, Arambula, Caloza, Dixon, Fong, Mark González, Krell, Muratsuchi, Pacheco, Pellerin, Solache, Ta, Tangipa

ABS, ABST OR NV: Calderon

UPDATED

VERSION: March 12, 2026

CONSULTANT: Eric Johnson / G.O. / (916) 319-2531 FN: 0002348

Date of Hearing: April 8, 2026

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Buffy Wicks, Chair

ABPCA Bill Id:AB 1982

Author:(Lowenthal) – As Amended Ver:March 12, 2026

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill extends indefinitely the requirement for a bar or nightclub to offer customers, upon request, a drink lid or drug testing device.

Specifically, this bill repeals the January 1, 2027, sunset date on the requirement for Type 48 licensees to provide or sell to their customers a drink lid or drug testing device and post specified notices about the availability of drink lids and drug testing devices.

FISCAL EFFECT:

Minor and absorbable costs to the Department of Alcoholic Beverage Control (ABC) to continue education and enforcement efforts regarding the provision of drink lids and drug testing devices by Type 48 licensees (approximately 2,500 bars and nightclubs). ABC notes that such efforts are carried out by agents during the course of ABC’s usual inspections or investigations.

This committee sees a wide array of bills that propose to modify the scope of alcohol laws. Generally, the majority of proposals do not generate significant new workload for ABC, but taken together, these proposals could lead to significant new costs and future budget requests. In this case, ABC has found most premises to be in compliance with the existing drink lid and drug testing device requirement, with the remaining premises voluntarily coming into compliance after being informed of the requirement.

COMMENTS:

1. Purpose. According to the author, “Drink spiking remains one of the most insidious threats facing Californians today.” The author further contends, “Allowing these protections to sunset would be moving backward, leaving Californians more vulnerable than before.” This bill is supported by Alcohol Justice and violence prevention entities.
2. Drink Spiking. Bar and nightclub patrons are often reminded to never leave a drink unattended and make sure a drink is served directly by the bartender. To better guard against drink spiking, some California cities launched programs to provide residents with free test strips that can identify unsolicited drugs added to a beverage. Beginning July 1, 2024, AB 1013 (Lowenthal), Chapter 353, Statutes of 2023, required Type 48 licensees to provide or sell drug testing devices to customers. Beginning July 1, 2025, AB 2375 (Lowenthal), Chapter 714, Statutes of 2024, required Type 48 licensees to similarly provide or sell drink lids to customers. This bill repeals the January 1, 2027, sunset date for both of these laws, thus extending indefinitely the requirement for a bar or nightclub to offer customers a drug testing device or drink lid.
3. Related Legislation. AB 668 (Lowenthal) would have required compliance with specified drink spiking requirements, including the provision of drink lids and drug testing devices, at large outdoor events. AB 668 was held on the Senate Appropriations Committee’s suspense file.
4. Prior Legislation. AB 1524 (Lowenthal), Chapter 679, Statutes of 2024, required certain college campus health centers to stock an accessible supply of free drug testing devices.

AB 2389 (Lowenthal), Chapter 310, Statutes of 2024, required Type 48 licensees to contact and provide information to law enforcement and emergency medical services when a customer alerts the licensee of drink spiking.

AB 2402 (Lowenthal), Chapter 829, Statutes of 2024, requires a Responsible Beverage Service training course to include best practices to prevent or protect a person from drink spiking, and what to do if a person believes drink spiking has occurred.

Analysis Prepared by: Irene Ho / APPR. / (916) 319-2081

Date of Hearing: March 18, 2026

ASSEMBLY COMMITTEE ON GOVERNMENTAL ORGANIZATION

Blanca Rubio, Chair

ABPCA Bill Id:AB 1982 (

Author:Lowenthal) – As Amended Ver:March 12, 2026

SUBJECT: On-sale general public premises: drug testing devices.

SUMMARY: This bill would repeal the January 1, 2027, sunset date, thereby indefinitely extending specified requirements that require on-sale general public premises (Type 48 – Bar, Night Club) licensees to offer for sale to their customers drug testing devices at a cost not to exceed a reasonable amount based on the wholesale cost of those devices, as specified.

Additionally, the bill would repeal the January 1, 2027 sunset date, thereby indefinitely extending specified requirements that obligate applicants for a new permanent Type 48 license and holders of an existing Type 48 license (Bar, Nightclub) to provide a lid for a customer’s drink upon request, as defined. The licensee is authorized to charge an additional fee for providing a lid with a customer’s drink and would prohibit the fee from exceeding the reasonable cost of providing the lid, as specified. Specifically, this bill:

1) Requires an applicant for a new permanent on-sale general public premises license or the holder of an existing on-sale general public premises to, upon request, provide a lid, as defined, with a customer's drink. Provides that the lid is not required to fill all containers in which alcoholic beverages are served on the premises but shall fit at least one. Requires the licensee to post a specified notice in a prominent and conspicuous location (as defined). Clarifies that nothing prohibits a Type 48 licensee from offering lids to customers free of charge. Provides that a violation of these requirements is not a crime. Establishes that a sole violation, including failure to comply with the notice requirement, shall result in a warning issued by the Department of Alcoholic Beverage Control (ABC) for the first offense. Includes a sunset date of January 1, 2027.

2) Requires an applicant for a new permanent on-sale general public premises (Type 48) license or the holder of an existing Type 48 license to offer for sale to their customers drug testing devices at a cost not to exceed a reasonable amount based on the wholesale cost of those devices.

Requires the licensee to post a specified notice in a prominent and conspicuous location, as defined. Provides that a licensee shall not be held liable for a defective test or an inaccurate test result, including, but not limited to, false positive or false negative results. Requires the licensee to ensure that all testing devices offered to customers have not exceeded their expiration date or recommended period of use, as indicated on the product label, packaging, or by the manufacturer. Defines “drug testing devices” to include test strips, stickers, straws, and other devices designed to detect the presence of controlled substances in a drink. Includes a sunset date of January 1, 2027.

EXISTING LAW:

1. Establishes the ABC and grants it exclusive authority to administer the provisions of the Alcoholic Beverage Control Act (Act) in accordance with laws enacted by the Legislature. This involves licensing individuals and businesses associated with the manufacture, importation, and sale of alcoholic beverages and the collection of license fees for this purpose.
2. Provides, under the Act, for the issuance of various alcoholic beverage licenses, including the imposition of fees, conditions, and restrictions in connection with the issuance of those licenses.
3. Defines an “on-sale” license as authorizing the sale of all types of alcoholic beverages; namely, beer, wine, and distilled spirits, for consumption on the premises (such as restaurants or bar). An ‘off-sale” license authorizes the sale of all types of alcoholic beverages for consumption off the premises in original sealed containers.
4. Establishes the Responsible Beverage Service (RBS) Training program that requires ABC to develop, implement, and administer a curriculum for an RBS training program for servers of alcohol and their managers, as specified. Alcohol servers are required to successfully complete an RBS training course offered or authorized by ABC.
5. Provides that Type 42, 48, and 61 licensees must maintain a sign reading, "No Person Under 21 Allowed" at or near each public entrance. The sign must be visible from the exterior. In addition, a sign of like size and content must be posted at a prominent place inside the licensed premises, as defined. (Rule 107, California Code of Regulations)
6. Requires an applicant for a new permanent on-sale general public premises license or the holder of an existing Type 48 license to offer for sale to their customers drug testing devices at a cost not to exceed a reasonable amount based on the wholesale cost of those devices and to post a specific notice about the availability of the drug testing devices. Defines “drug testing devices” for this purpose to mean specified devices designed to detect the presence of controlled substances in a drink. Requires ABC to post on its internet website a link to a page that contains information about these requirements. The Act repeals these requirements on January 1, 2027.
7. Requires, until January 1, 2027, an applicant for a new permanent Type 48 license and the holder of an existing Type 48 license to, upon request, provide a lid with a customer’s drink. The bill authorized the licensee to charge an additional fee for providing a lid with a customer’s drink and would prohibit the fee from exceeding the reasonable cost of providing the lid, as specified. (California Business and Professions Code § 25624)
8. Provides that every person who willfully mingles any poison or harmful substance with any food, drink, medicine, or pharmaceutical product or who willfully places any poison or harmful substance in any spring, well, reservoir, or public water supply, where the person knows or should have known that the same would be taken by any human being to his or her injury, is guilty of a felony punishable by imprisonment in the state prison for two, four, or five years. Any violation involving the use of a poison or harmful substance that may cause death if ingested or that causes the infliction of great bodily injury on any person shall be punished by an additional term of three years. (Penal Code § 347)

FISCAL EFFECT: This bill is keyed fiscal by Legislative Counsel.

COMMENTS:

Purpose of the bill. According to the author's office, "Drink spiking remains one of the most insidious threats facing Californians today. Unlike other dangers, it is invisible — you cannot see it, taste it, or smell it. Victims have no warning, and by the time they realize what has happened, the harm is already done — leaving them vulnerable to assault, sexual violence, and other serious crimes. In 2023, AB 1013 took direct aim at this threat, requiring bars and nightclubs to make drug testing strips available on site. That bill passed both chambers without a single no vote — a testament to how seriously Californians take this issue. AB 1982 ensures that progress endures. Allowing these protections to sunset would be moving backward, leaving Californians more vulnerable than before.”

Background.

Drink Spiking. Drink spiking, defined as the unsolicited addition of a drug to a drink consumed in a social setting, is a relatively common and growing issue in this country. The term 'getting roofied' typically refers to being dosed with Rohypnol (flunitrazepam) or a similar drug. Since roofies are tasteless, odorless, colorless, and easily dissolvable, perpetrators often use them to drug victims by spiking their drinks. Alongside Rohypnol, other common date rape drugs include Ketamine (Special K) and Gamma-Hydroxybutyrate (GHB).

It is difficult to find comprehensive, up-to-date statistics on the prevalence of drink-spiking/drugging but various state officials and police departments from across the country have stated that it is a problem that needs to be addressed. For example, the Boston Police Department (BPD) issued a statement warning the public to be mindful of alcohol consumption while in the city's bars and clubs. This was after the department said it's "become aware of numerous social media posts from various individuals who state that they were victims of drink spiking at local area bars.” These drugs can cause disorientation, confusion, and temporary paralysis or loss of consciousness, according to the BPD. The drugs can also make potential victims vulnerable to the intentions of a suspect. BPD officials reminded anyone going out to bars or clubs in the city to be aware of where your drink is at all times, never leaving it unattended. They also suggest making sure a drink is served directly by the bartender or server.

In California, in recent years, the Long Beach Department has received an average of 25 reports annually from individuals who suspected they had been drugged while out with friends, potentially by substances slipped into their drinks. In response, the city launched a pilot program offering free test strips to detect certain drugs in beverages. The initiative includes both the distribution of drug-detection test strips and educational outreach efforts. To use the test strips, individuals simply apply a small amount of beverage fluid onto them; if a drug is present, the strip changes to a specific color. The program is managed by the city's Health Department.

Following reports of people feeling as though they had been drugged (or "roofied") at West Hollywood nightlife establishments, the City of West Hollywood launched a program that included outreach and distribution of disposable test kits that check for illegal substances in drinks.

It should be noted that over the years, the ABC has developed community-oriented policing approaches involving local merchants in deterring crime. It is designed in a manner that fosters and protects the health, safety, welfare, and economic well-being of the people of the State of California. This bill seems to be in line with that directive.

Anti-Tampering Devices. Anti-tampering alcohol drink devices are devices designed to prevent unwanted access or tampering with an individual’s alcoholic beverages. These type of devices can be used in bars and clubs and can take different forms such as bottle seals, lids with tamper-evident features, or special locking mechanisms. The purpose of these devices is to ensure the integrity and safety of alcoholic beverages by deterring and detecting any attempts to tamper with the drink. In doing so, they provide reassurance that the drink has not been tampered with. Such devices are particularly useful in environments where the security of an alcoholic drink is a concern, such as bars and nightclubs, where a drink can be left unattended or in situations where an individual wants to safeguard their alcoholic drink.

New Requirements on Alcohol Licensees. In 2023, the Legislature passed and Governor Newsom signed AB 1013 (Lowenthal) that required Type 48 (bars and nightclubs) licensees, beginning July 1, 2024 and until January 1, 2027, to comply with all of the following: 1) Offer drug testing devices (such as test strips, stickers, straws, or other devices that are designed to detect the presence of controlled substances in a drink), which have not exceeded their expiration date or recommended period of use, that test for “controlled substances” commonly used to spike drinks. These drugs may include, but are not limited to, flunitrazepam, ketamine, and gamma hydroxybutyric acid, also known by other names, including GHB, gamma-hydroxybutyrate, 4-hydroxybutyrate, 4-hydroxybutanoic acid, sodium oxybate, and sodium oxybutyrate; 2) The drug testing devices shall be available for sale to customers, at a price not to exceed a reasonable amount based on the wholesale cost. Alternatively, they may be given to customers free of charge; and 3) Post the following notice in a prominent and conspicuous location: “Don’t get roofied! Drink spiking drug test kits available here. Ask a staff member for details.”

The law impacted approximately 2,400 businesses statewide. An ABC licensee is not liable for a defective test or inaccurate test result. Failure to make those products available could result in possible fines and violations by ABC. While the department generally takes an educational approach, including multiple warnings to licensees before any fines and violations are issued, licensees would nonetheless be responsible for ensuring these particular products are always available for purchase. ABC will not sell or provide kits, and does not recommend or endorse any specific company that does.

In 2024, the Legislature passed and Governor Newsom signed three bills aimed at strengthening protections against drink spiking in designed venues licensed by the ABC. Authored by Assemblymember Lowenthal, the three chaptered bills (AB 2375, AB 2389, and AB 2402) addressed the following concepts:

1. Offering drink lids: Required Type 48 (bar/nightclub) licensees in California, starting July 1, 2025, to provide drink lids upon request to help prevent drink spiking. Licensees may charge a reasonable fee for the lids and must update signage regarding both lids and testing kits. The law expires on January 1, 2027.
2. Notification of authorities: Mandated on-sale public premises licensees (Type 48 – Bar, Nightclub) to contact law enforcement or emergency medical services and provide specified information when a customer reports or suspects they or another individual may have been a victim of drink spiking.
3. Expanded RBS training: Beginning January 1, 2027, Responsible Beverage Service (RBS) training must include best practices for preventing drink spiking, protecting individuals from it, and responding effectively if a person has been drugged through drink spiking.

These measures were designed to enhance safety and increase awareness within venues licensed by the ABC. According to the author, this bill builds upon earlier, related legislative efforts on the subject.

ABC Type 48 License (On-Sale General Public Premises (Bar, Nightclub). Authorizes the sale of beer, wine and distilled spirits for consumption on the premises where sold. Authorizes the sale of beer and wine for consumption off the premises where sold. Minors may not enter and remain. Food service is not required. According to ABC’s website there are approximately 2,497 Type 48 licenses in the state.

Responsible Beverage Service (RBS) Training. Anyone that is employed at an ABC on-premises licensed establishment who is responsible for checking identifications, taking customer orders, and pouring or delivering alcoholic beverages must have a valid RBS certification from ABC. Servers and their managers must register in the RBS Portal, take RBS training from an approved training provider, and pass the ABC RBS exam within 60 days of their first date of employment. On-premises locations include, but are not limited to, bars, restaurants, tasting rooms, clubs, stadiums, movie theaters, hotels, and caterers. Covered licensees are required to maintain records of their various certifications, and violators are subject to unspecified “disciplinary action.” The RBS training is currently available in several different languages.

Retail Operating Standards apply to stores (License Types 20 & 21), bars, and taverns (License Type 40, 42, 48 and 61). They do not apply to bona fide eating places (License Types 41, 47 or 75), convention centers, exhibit halls, auditoriums, ballparks, stadiums, coliseums, hotels, motels, certain marine parks, wineries or beer manufacturers.

In support. The Night’s Watch writes in support of this bill, “AB 1982 works to make nights out in San Francisco safer by empowering the nightlife community to challenge the culture of sexual and gender-based violence through outreach, education, and advocacy. This bill represents an important step forward in strengthening California’s response to drink spiking and related forms of harm. By removing the sunset date, this legislation will provide the long-term stability needed for venues, advocates, and public agencies to integrate prevention measures into nightlife operations and support safer nightlife environments across the state.”

Prior legislation. AB 668 (Lowenthal) of 2025. This bill would have required, beginning July 1, 2026 and until January 1, 2029, any person who obtains a catering authorization or daily on-sale license for the sale of alcoholic beverages at a large outdoor event to offer drug testing devices, provide drink lids upon request, and comply with notification and signage requirements related to drink spiking, as specified. (Held on the Senate Committee on Appropriations Suspense File)

AB 1524 (Lowenthal), Chapter 679, Statutes of 2024. Required each community college district and each campus of California State University to provide drug testing devices at no cost to their campus population at a location on campus. Requests the University of California, independent institutions, and private postsecondary education institutions to provide drug testing devices at no cost to their campus population at a location on campus.

AB 2375 (Lowenthal), Chapter 714, Statutes of 2024. Commencing July 1, 2025, until January 1,

2027, required an applicant for a new permanent Type 48 license and the holder of an existing

Type 48 license (Type 48 – Bar, Nightclub) to, upon request, provide a lid with a customer’s

drink. The bill authorized the licensee to charge an additional fee for providing a lid with a

customer’s drink and would prohibit the fee from exceeding the reasonable cost of providing the

lid, as specified.

AB 2389 (Lowenthal), Chapter 310, Statutes of 2024. Required on-sale public premises (Type 48 – Bar, Night club) licensees to contact and provide specified information to law enforcement or emergency medical services when they are notified by a customer that the customer or another customer believes they have been a victim of drink spiking.

AB 2402 (Lowenthal), Chapter 829, Statutes of 2024. Required the ABC, by January 1, 2027, to include in RBS training courses best practices to protect a person from drink spiking and best practices if the person believes they have, or someone they know has, been drugged as a result of drink spiking. Defines "drink spiking", for the purposes of this bill, to mean putting alcohol or drugs into another person's drink without their knowing and express consent, also known as roofying.

AB 1013, (Lowenthal), Chapter 353, Statutes of 2023. Required an on-sale general public premises (Type 48) licensee to offer for sale to their customers drug testing devices at a cost not to exceed a reasonable amount based on the wholesale cost of those devices. A Type 48 licensee shall not be held liable for a defective test or inaccurate test result, including, but not limited to, a false positive or false negative test result.

AB 1221 (Gonzalez Fletcher), Chapter 847, Statutes of 2017. Established the RBS Training Program Act of 2017, and requires ABC, on or before January 1, 2020, to develop, implement, and administer a curriculum for an RBS training program, as specified. Additionally, the bill requires, beginning July 1, 2021, an alcohol server, as defined, to successfully complete an RBS training course offered or authorized by ABC.

SB 1182 (Galgiani), Chapter 893, Statutes of 2016. Made make it a felony, punishable by imprisonment in a county jail for 16 months, or 2 or 3 years, to possess ketamine, flunitrazepam (Rohypnol), or hydroxybutyric acid (GHB), with the intent to commit a sex crime, as defined.

REGISTERED SUPPORT / OPPOSITION:

Support

Office of Sexual Harassment & Assault Response + Prevention (SHARP)/

Mayor's Office for Victims' Rights-San Francisco

The Night's Watch

Opposition

None on file

Analysis Prepared by: Eric Johnson / G.O. / (916) 319-2531