Bill > H3142

This bill, titled the Drug Dealer Liability Act, establishes a framework for civil lawsuits against individuals involved in the illegal distribution and sale of controlled dangerous substances, allowing for recovery of damages resulting from drug use. It defines terms like "marketing of controlled dangerous substances" as the illegal distribution or possession with intent to distribute, and categorizes offenses into four levels based on the quantity and type of drugs involved. The act permits specific individuals, such as parents, guardians, children, spouses, siblings, employers, and entities that fund treatment programs, to sue those who participated in the illegal drug trade, provided certain conditions are met, including the defendant's place of participation being in the same county as the user's illegal activity and a prior conviction for a similar offense. Damages can include economic losses like medical expenses and lost potential, as well as non-economic losses such as pain and suffering, and punitive damages. The bill also outlines specific conditions for drug users themselves to bring lawsuits, requiring them to disclose their sources to law enforcement and remain drug-free. Importantly, insurance policies will not cover damages awarded under this act, and causes of action cannot be assigned to publicly funded agencies. The bill also establishes a presumption of liability based on the severity of the drug offense, with higher levels of offenses leading to a greater percentage of damages being awarded.