New Jersey Statutes 2C:35B-6. Controlled dangerous substance individual user; conditions to bring an action
Terms Used In New Jersey Statutes 2C:35B-6
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- person: includes corporations, companies, associations, societies, firms, partnerships and joint stock companies as well as individuals, unless restricted by the context to an individual as distinguished from a corporate entity or specifically restricted to one or some of the above enumerated synonyms and, when used to designate the owner of property which may be the subject of an offense, includes this State, the United States, any other State of the United States as defined infra and any foreign country or government lawfully owning or possessing property within this State. See New Jersey Statutes 1:1-2
- State: extends to and includes any State, territory or possession of the United States, the District of Columbia and the Canal Zone. See New Jersey Statutes 1:1-2
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(1) The individual personally discloses to narcotics enforcement authorities all of the information known to the individual regarding all that individual’s sources of controlled dangerous substances.
(2) The individual has not used a controlled dangerous substance within the 30 days before filing the action.
(3) The individual continues to remain free of the use of an illegal controlled substance throughout the pendency of the action.
b. An individual user entitled to bring an action under this section may seek damages only from a person who transported, imported into this State, distributed, dispensed, sold, possessed with intent to distribute, or offered to distribute, in violation of any of the provisions of chapter 35 of Title 2C of the New Jersey Statutes, the controlled dangerous substance actually used by the individual user of a controlled dangerous substance.
c. An individual user entitled to bring an action under this section may recover only the following damages:
(1) Economic damages, including, but not limited to, the cost of treatment, rehabilitation and medical expenses, loss of economic or educational potential, loss of productivity, absenteeism , accidents or injury, and any other pecuniary loss proximately caused by the person’s use of a controlled dangerous substance.
(2) Reasonable attorney fees.
(3) Costs of suit, including, but not limited to, reasonable expenses for expert testimony.
L.2001, c.114, s.6.