The pattern of GHB legislation that took hold is therefore not surprising. One by one, State Governments got involved: Hawaii, Georgia, Rhode Island, Florida, California, New Jersey, Iowa, Illinois and Texas (home of Hillory J. Farias) all made possession of GHB a felony. Minnesota passed legislation against GHB, despite the fact that law enforcement officers had not found much of the drug in the state. “It’s not a big problem in Minnesota yet. The drug is working its way north like methamphetamine has worked its way north,” said Rep. Wes Skoglund, who sponsored legislation that made GHB illegal in the state (Olson).

Apparently legislation does not require evidence.

This also appears to be true of the bill that was signed by President Clinton making GHB a Schedule I Drug (except for the treatment of narcolepsy, in which case GHB is a Schedule III Drug). The Law is named - appropriately enough - the Hillory J. Farias and Samantha Reid Date-Rape Drug Prohibition Act of 2000. According to Rep. Bart Stupak, “One only has to look at the title of the GHB bill to glimpse at the tragedies that lie behind the easy availability of this drug” (Strong).

In fact, an examination of the situations surrounding both individuals’ deaths is telling. As alluded to above, Hillory Farias was not sexually assaulted and did not die from GHB. The death of Samantha Reid, a fifteen year old girl from Michigan, was as tragic as that of Hillory - and also as highly publicized in the context of GHB date rape drugging. Unlike Ms. Farias, though, Samantha Reid did have GHB in her blood at the time of death. However, Samantha also had alcohol, THC, and nicotine in her blood. Nevertheless, GHB was solely and selectively the focus of blame. Moreover, there have never been any allegations of rape in this case; three individuals were tried (and convicted) of manslaughter -- not sexual assault -- for having provided her with GHB (Suhr; Irwin).

Why, then, did lawmakers choose to name the date rape drug law after two girls that did not die from GHB alone and that had not been raped?

First, both cases were well publicized in relation to rape and GHB. The actual facts of the matter, therefore, were quite inconsequential to Congressmen seeking to improve their popularity; most people who had heard of the case had been influenced by media coverage depicting the deaths precisely as GHB date rape murders. Second, virtually all media coverage of GHB has put the substance in the context of women’s issues. As alluded to above, this concern is not merited from an objective review of the facts: about 3 in 4 cases of overdose affect men, and GHB is related (at worst) to 1 in 50 sexual assaults alleged to involve drugs.

An inspection of Congressional testimony casts further doubt on the factual consistency, validity and impartiality of the legislation. Stephen Zukin, M.D., director of the Division of Clinical and Services Branch of the National Insitute on Drug Abuse, stated himself on March 11, 2000, that “The available data on the actual abuse of GHB and its associated consequences is largely anecdotal. GHB is usually abused either (1) for its intoxicating/sedative/euphoriant properties or (2) for its growth hormone releasing effects.” [Italization inserted.] He stated that DAWN Medical Examiners have only detected one death coming as a consequence of GHB between 1992 and 1995. He also stated that reports from “Poison Control Centers have documented numerous cases [Zukin provides no exact figures] of acute poisonings associated with GHB . . . Symptom severity and durations of action are dose dependent and also relate to the absence or presence of other CNS depressants.” This suggests again that GHB alone was not to blame for the most severe cases of poisoning, and this does not suggest that GHB is unique in the risk of leading to such adverse reactions. He also stated that “Most of the reports [of GHB-related poisoning] involve white males,” deflating the notion that GHB is primarily an issue of women’s health. Nowhere in his testimony did Dr. Zukin provide information to support the allegation that GHB was commonly used as a date rape drug. Nowhere in his testimony did Dr. Zukin provide information to support the allegation that GHB is otherwise deadly, dangerous, or threatening to the public. (Statement)

This stands in stark contrast to the actual text of the law, which states that "The Congress finds that the abuse of illicit gamma hydroxybutyric acid is an imminent hazard to the public safety" (Hillory). No supporting evidence is cited anywhere in the law’s findings of fact to justify the idea that GHB actually does pose "an imminent hazard to the public safety," particularly in reference to date-rape (ibid). Indeed, no data anywhere else supports this outrageous claim. Although there certainly have been situations where criminals used GHB as a weapon, this legislation was passed not on the basis of the drug's actual effects (which are overwhelmingly positive) but on one potential misuse of the drug -- a misuse which studies have shown is neither widespread nor unique.

An inspection of Senator Spence Abraham’s campaign propaganda underscores the true meaning of this legislation. Sen. Abraham (R) was the co-author of the bill; he served as a Congressman of Michigan - not coincidentally the home state of Samantha Reid. The TV advertisement, aired in August of the 2000 election year (the same year in which the government approved this law), depicts Abraham as an advocate of women and families. The Senator says, "When I heard about this terrible drug I got mad, as a Senator and as a father. So I brought Democrats and Republicans together, and passed the law to make GHB the date rape drug illegal." The ad ends with the announcer saying: "Spencer Abraham. Protecting our children" ("Michigan").