New Jersey Section 2C:35B-3 – Definitions regarding civil actions against drug dealers

New Jersey Section 2C:35B-3 – Definitions Regarding Civil Actions Against Drug Dealers

New Jersey Section 2C:35B-3 provides important definitions related to civil actions that can be brought against drug dealers in the state. This section is part of the New Jersey Comprehensive Drug Reform Act of 1987, which aimed to crack down on illegal drug trafficking and related activities.

Key Definitions

Some of the key terms defined in 2C:35B-3 include:

• Marketing of controlled dangerous substances: Distributing, dispensing, or possessing with intent to distribute illegal drugs like cocaine, heroin, methamphetamine etc. This does not include simple possession for personal use.
• Person: Includes individuals, corporations, associations, partnerships, and any other legal entity. Allows civil action against organizations engaged in drug trafficking.
• Participate as an associate of: Knowingly financing, supervising, managing or otherwise working with a drug trafficking network, even in a minor role. Allows targeting low-level associates.
• Conspire to market: Making an agreement with one or more persons to engage in marketing of illegal drugs, even if the conspiracy is unsuccessful. Conspiracy alone is sufficient.
• Negligently market: Marketing drugs through negligent conduct like unsafe storage or transportation. Does not require intent or recklessness.

Implications

These definitions have important implications for civil lawsuits against drug dealers and traffickers in New Jersey:

• They are broad enough to cover both kingpins and low level dealers who “participate as an associate”. Street dealers can be targeted.
• Mere conspiracy is sufficient – the drugs do not have to actually be sold. As long as there is evidence of an agreement to sell drugs, a civil action is possible.
• Organizations and corporations engaged in trafficking can be sued, not just individuals. This allows targeting larger operations.
• Negligent marketing means dealers can be sued even if they did not intend to market or distribute drugs. Just unsafe handling alone enables a lawsuit.

Available Damages

If successful, civil lawsuits under 2C:35B-3 allow the plaintiff to recover:

• Economic damages like medical costs, lost wages etc. caused by the use of the trafficked drugs
• Non-economic damages like pain and suffering
• Punitive damages up to three times the compensatory damages
• Reasonable attorney fees and litigation costs

The threat of substantial monetary damages provides a strong deterrent against drug trafficking in New Jersey. However, some legal experts caution that overly broad application of the law can lead to unfair outcomes. Courts have been careful to require sufficient evidence before imposing liability.

Defenses

There are some key defenses available to defendants in civil lawsuits brought under Section 2C:35B-3:

• Lack of causation – the defendant did not actually market the specific drugs used by the plaintiff
• Contributory negligence – the plaintiff’s own negligence contributed to the damages suffered
• Unforeseeable misuse – the plaintiff’s drug use and damages were not a foreseeable consequence of the defendant’s conduct
• Statute of limitations – too much time has passed since the alleged marketing took place

However, defendants face an uphill battle overcoming these defenses especially if there is evidence they participated in drug trafficking. Settlement may be a better option compared to risking trial.

Policy Impact

New Jersey’s drug dealer liability law remains controversial. Supporters argue it provides much needed compensation to victims and increases costs for dealers. But critics suggest it goes too far in punishing even minor participants in the drug trade who may themselves be struggling with addiction. There are also concerns it disproportionately targets low income minority communities.

However, the statute has survived over 25 years and several legal challenges. It likely provides a model for other states considering similar civil liability laws against drug dealers. The New Jersey judiciary’s careful application of the law prevents overly broad impact. Overall, 2C:35B-3 remains an important tool to fight drug trafficking and provide recourse to victims.