Seems reasonable, but maybe not exactly a weapon. It is used to subdue someone, but not as a threat. Should be a parallel class.
And while the intended assault is a sexual assault, a date rape drug still incapacitates you, which easily classifies as kidnapping, unlawful detainment, etc.
I would have thought poisoning someone, even with a sedative, would already be a serious crime. This makes me wonder if this is addressing a weakness in the force of law or if it’s political pandering to look tough on a class of crime without changing anything.
Exactly, or a piece of wood. If you threaten someone with a 2x4 you may have intended to use it as a weapon even if it was technically just a piece of wood.
This can of course lead to problems where the police can turn everything into a weapon even if it was never intended to be one, but I'd argue this is less of a problem with these rape drugs, as this shouldn't be a thing people normally carry with themselves for legit reasons.
And while the intended assault is a sexual assault, a date rape drug still incapacitates you, which easily classifies as kidnapping, unlawful detainment, etc.