a U. S. Department of Justice ) Drug Enforcement Administration wivw.dea.gov Springfield, Virginia 22152 January 17, 2018 ‘The Honorable Mark R. Warner ‘United States Senate Washington, DC 20510 UPN DE TG en B26 ‘The Honorable Tim Kaine United States Senate Washington, DC 20510 Dear Senator Warner and Senator Keine: This responds to your letter to the Attomey General dated November 18, 2017, on behalf of Deidre Goldsmith. We apologize for ovr delay in responding to your fetter. ‘The Drug Enforcement Administration (DEA) shares Ms. Goldsmith's concera that venue owners not be disccuraged from providing appropriate safety measures at entertainment venues. Our review of the Ilicit Drug Anti-Proliferation Act, codified at 21 U.S.C. §856, did not identify any provision of the Act that would discourage law abiding venue owners from instituting safety measures for its patrons, inckudiag the provision of water. ‘The relevant provisions of Title 21 US.C, §856 provide: Except as authorized by this subchapter, it shall be unlawful to~ (1) Knowingly open, lease, rent, use or maintain any place, whether permanently or temporaily, for the purpose of manufacturing, distributing, or using any controlled substance; (2) Manage or control eny place, whether permanently or temporatily, either ag an owner, lessee, agent, employee, occupant, or mortgagee, and knowingly and intentionally rent, lease, profit from, or meke available for use, with or without compensation, the place for the purpose of unlawfully manufacturing, storing, distributing, or using a controlled substance, Section 856 requires that the goverment prove that an owner knowingly opened or maintained a place for the purpose of manufacturing, distributing or using a controlled substance. A variety of indicators may help to demonstrate that an offender had the requisite knowledge. These indicators ‘would include conduct inconsistent with reasonable safety precautions, such as evidence that an event owner deprived patrons of water to obscure knowledge of drug use on the premises, as well as‘The Honorable Mark R, Warner Page 2 The Honorable Tim Kaine evidence that an event owner provided exorbitantly priced water to take advantage of patrons using drugs on the premises that required refreshment. However, proof of'a 21 U.S.C. $856 violation is not satisfied by the venue owner's provision of water alone We recommend that event owners who have specific questions regarding the application of 21 U.S.C. §856 consult with the United States Attorney's Office in their judicial district, ot seek independent legal guidance. ‘We hope this information is helpful. Please do not hesitate to contact this office if we may provide additional assistance regarding this or any other matter. Sincerely, Sie > Sean R. Mitchel! Section Chief Congressional Affairs Section