Title 34 — PUBLIC HEALTH AND SAFETY

Terms used in this chapter mean: (1) "Controlled drug or substance," a drug or substance, or an immediate precursor of a drug or substance, listed in Schedules I to IV, inclusive; (2) "Illegal drug," a controlled drug or substance or marijuana whose distribution is a violation of…

Types of damages recoverable under §

A person whose participation in the illegal drug market constitutes the following level of participation shall be considered to have the following illegal drug market target community: (1) For Level 4 participation, the county in which the defendant's place of participation is si…

Two or more persons may join in one action under this chapter as plaintiffs if their respective actions have at least one place of illegal drug activity in common and if any portion of the period of illegal drug use overlaps with the period of illegal drug use for every other pla…

Any action by a user is governed by the principles of comparative responsibility. Comparative responsibility attributed to the plaintiff does not bar recovery but diminishes the award of compensatory damages proportionally, according to the measure of responsibility attributed to…

Any person subject to liability under this chapter has a right of action for contribution against another person subject to liability under this chapter. Contribution may be enforced either in the original action or by a separate action brought for that purpose. A plaintiff may s…

Proof of participation in the illegal drug market in an action brought under this chapter shall be shown by clear and convincing evidence. Except as otherwise provided in this chapter, other elements of the cause of action shall be shown by a preponderance of the evidence. Source…

Any person against whom recovery is sought who has a criminal conviction under state or federal drug laws is estopped from denying participation in the illegal drug market. Such a conviction is also prima facie evidence of the person's participation in the illegal drug market dur…

Any person against whom a judgment has been rendered under this chapter is not eligible to exempt any property, of whatever kind, from process to levy or process to execute on the judgment. Any assets sought to satisfy a judgment under this chapter that are named in a forfeiture …

A cause of action accrues under this chapter when a person who may recover has reason to know of the harm from illegal drug use that is the basis for the cause of action and has reason to know that the illegal drug use is the cause of the harm. For a plaintiff, the statute of lim…

On motion by a governmental agency involved in a drug investigation or prosecution, an action brought under this chapter shall be stayed until the completion of the criminal investigation or prosecution that gave rise to the motion for a stay of the action. Source: SL 1997, ch 20…

Any person who knowingly participates in the illegal drug market within this state is liable for civil damages as provided in this chapter. Any law enforcement officer or agency or a person acting at the direction of a law enforcement officer or agency is not liable for participa…

Any person may recover damages under this chapter for injury resulting from another person's use of an illegal drug. Source: SL 1997, ch 203 , § 4.

Any of the following persons may bring an action for damages caused by another person's use of an illegal drug: (1) A parent, legal guardian, child, spouse, or sibling of the individual drug user; (2) Any person who was exposed to an illegal drug in utero; (3) An employer of the …

Any person entitled to bring an action under § 34-20C-4 may seek damages from any of the following: (1) Any person who knowingly distributed, or knowingly participated in the chain of distribution of, an illegal drug that was actually used by the user; (2) Any person who knowingl…

Types of damages recoverable under §

No user may bring an action for damages caused by the use of an illegal drug except as otherwise provided in §§ 34-20C-8 to 34-20C-10 , inclusive. Source: SL 1997, ch 203 , § 8.

Any user may bring an action for damages caused by the use of an illegal drug only if all of the following conditions are met: (1) The user personally discloses to narcotics enforcement authorities, more than six months before filing the action, all of the information known to th…

Any user entitled to bring an action under § 34-20C-8 may seek damages only from a person who distributed, or is in the chain of distribution of, an illegal drug that was actually used by the user. Source: SL 1997, ch 203 , § 10.