New Jersey Section 2C:35B-6 – Controlled dangerous substance individual user; conditions to bring an action

Bringing a Cause of Action as an Individual User of Controlled Substances in New Jersey

New Jersey law allows individual users of controlled dangerous substances to bring civil lawsuits against those who illegally marketed the substances to them, but only under certain conditions. This can allow those struggling with addiction to seek compensation, but there are important limitations. Let’s break down N.J.S. 2C:35B-6 and see what it means for potential plaintiffs.

Overview of the Law

New Jersey Statute 2C:35B-6 is part of the New Jersey Comprehensive Drug Reform Act of 1987. This section deals specifically with lawsuits brought by individual users of controlled substances against those who illegally marketed the drugs to them.

The statute allows an individual user to bring a civil action for damages only if:

• The defendant marketed the substance to them illegally under N.J.S. 2C:35B-4. This covers things like distributing or dispensing controlled substances.
• The individual user suffered economic, physical, or emotional injuries caused directly by their use of the substance.
• The individual user made an effort to obtain substance abuse treatment and ceased use of the substance at least 120 days before filing the lawsuit.

There are also limits on how much an individual can recover in these lawsuits. The damages are capped based on the level of offense under N.J.S. 2C:35B-8.

So in summary, an addict can’t just sue their dealer – they have to show the dealer acted illegally under the criminal statute, that they suffered direct injuries from the drug use, and that they have made efforts at rehabilitation.

Purpose of the Law

The purpose of 2C:35B-6 is to allow those harmed by illegal drug marketing to receive compensation, while also deterring illegal drug sales. As one court case put it, the goal is “to shift the cost of the damage caused by illegal drug distribution to those who illegally profit from the market, as well as deter others from entering the illegal drug market.”

However, the law aims to balance this goal with concerns about enabling drug use or rewarding illegal behavior. That’s why individual users can only bring claims if they have sought treatment and ceased drug use.

Key Requirements to Bring a Claim

For an individual user to successfully bring a claim under 2C:35B-6, they must meet three key requirements:

1. Show the Defendant Illegally Marketed Drugs

The individual user must prove the defendant illegally manufactured, distributed, dispensed, or possessed with intent to manufacture, distribute, or dispense a specified controlled dangerous substance.

This requires showing a violation of the criminal statute on marketing controlled substances, such as N.J.S. 2C:35-5 or N.J.S. 2C:35-7. Merely purchasing or possessing illegal drugs is not enough.

2. Prove Injuries Caused by Drug Use

The individual user must show they suffered economic, physical, or emotional injuries caused directly by their use of the illegal substance. This can include things like:

• Medical costs from health conditions caused by drug use
• Lost wages from inability to work due to addiction
• Pain and suffering from overdose or withdrawal

However, damages like criminal fines or costs of substance abuse treatment are not recoverable under the statute.

3. Show Efforts at Rehabilitation

This is a key requirement – the individual user must show they:

• Made reasonable efforts to obtain substance abuse treatment
• Have not used the illegal substance for at least 120 days before filing the lawsuit

This is meant to ensure lawsuits are not rewarding or enabling ongoing drug use. Evidence like medical records, program registrations, and sworn statements will be required.

Limits on Damages

Even if the individual user proves their case, damages are capped under N.J.S. 2C:35B-8 based on the level of criminal offense involved:

• Level 1 offenses: $10,000 cap on damages
• Level 2 offenses: $50,000 cap
• Level 3 offenses: $100,000 cap
• Level 4 offenses: $250,000 cap

Punitive damages are not allowed. Damages also cannot be paid to third parties like healthcare providers or insurers – the individual user receives the full damages amount.

Time Limit to File Claim

Lawsuits under 2C:35B-6 must be filed within five years of the cause of action accruing, according to N.J.S. 2C:35B-14. The clock starts running once the individual user knew or should have known they suffered injuries caused by the illegal drug marketing.

Burden of Proof

The individual user filing the lawsuit has the burden of proof. They must show by a preponderance of the evidence that:

• The defendant illegally marketed controlled substances
• The plaintiff’s injuries were directly caused by their drug use
• The plaintiff has made efforts at rehabilitation

The statutory requirements make these cases challenging to prove, especially given most illegal drug deals happen in private. Expert testimony may be needed to help establish causation between the drug marketing, use, and injuries.

Defenses

Defendants in these cases may raise certain defenses to avoid liability, such as:

• Lack of Duty – arguing they had no special duty to the plaintiff as a mere buyer/seller.
• Assumption of Risk – arguing the plaintiff assumed the risks of injury by voluntarily using drugs.
• Comparative Fault – arguing the plaintiff’s own actions contributed to their injuries.

However, New Jersey courts have held assumption of risk and comparative fault do not apply as defenses in cases under 2C:35B-6.

Policy Considerations

Allowing individual drug users to sue dealers raises important policy issues. Supporters argue it helps provide compensation for victims and deter illegal conduct. But critics contend it could enable drug use by rewarding it.

The strict requirements under 2C:35B-6 aim to strike a balance – allowing recovery only for users who have sought treatment and ceased drug use. But reasonable minds can disagree on whether the law draws the line in the right place.

Conclusion

Lawsuits by individual drug users involve complex issues at the intersection of criminal justice, healthcare, and personal responsibility. The New Jersey statute aims to allow compensation for victims while discouraging drug use and illegal marketing. For any potential plaintiff, meeting the law’s stringent requirements will be challenging. Consulting with an experienced personal injury or drug litigation attorney is essential.