Section § 11700

Explanation

This law is called the Drug Dealer Liability Act.

This division shall be known and may be cited as the Drug Dealer Liability Act.

Section § 11701

Explanation

This law aims to help people and organizations recover money after being harmed by illegal drugs. It allows parents, employers, insurers, and others who pay for drug treatment to get compensation from those involved in selling illegal drugs. The law also seeks to make drug dealers bear the costs they cause and discourage people from entering the illegal drug market through the threat of losing money. Additionally, it encourages drug users to identify their suppliers and seek funds for their treatment from them.

The purpose of this division is to provide a civil remedy for damages to persons in a community injured as a result of the use of an illegal controlled substance. These persons include parents, employers, insurers, governmental entities, and others who pay for drug treatment or employee assistance programs, as well as infants injured as a result of exposure to controlled substances in utero (“drug babies”). This division will enable them to recover damages from those persons in the community who have joined the marketing of illegal controlled substances. A further purpose of this division is to shift, to the extent possible, the cost of the damage caused by the existence of the market for illegal controlled substances in a community to those who illegally profit from that market. The further purpose of this division is to establish the prospect of substantial monetary loss as a deterrent to those who have not yet entered into the distribution market for illegal controlled substances. The further purpose is to establish an incentive for users of illegal controlled substances to identify and seek payment for their own treatment from those dealers who have sold illegal controlled substances to the user in the past.

Section § 11702

Explanation

This law section highlights that both the criminal and civil justice systems play vital roles in combating illegal controlled substances. While criminal law punishes offenders, the civil system provides a way for victims to seek compensation for harm caused by the sale and distribution of illegal drugs.

The law emphasizes that those involved in drug marketing should be financially responsible for damages their actions cause in the community. It serves as a deterrent, particularly for individuals who might consider entering the drug trade, especially if they have assets or engage in casual dealing at work.

The statute holds all participants in the illegal drug market liable, including small dealers often overlooked by criminal investigations. These smaller participants can increase the number of users and eventually become major dealers; therefore, this law aims to discourage them by threatening them with legal liability.

The Legislature finds and declares all of the following:
(a)CA Health & Safety Code § 11702(a)  Although the criminal justice system is an important weapon against the marketing of illegal controlled substances, the civil justice system can and must also be used. The civil justice system can provide an avenue of compensation for those who have suffered harm as a result of the marketing and distribution of illegal controlled substances. The persons who have joined the marketing of illegal controlled substances should bear the cost of the harm caused by that market in the community.
(b)CA Health & Safety Code § 11702(b)  The threat of liability under this division serves as an additional deterrent to a recognizable segment of the network for illegal controlled substances. A person who has assets unrelated to the sale of illegal controlled substances, who markets illegal controlled substances at the workplace, who encourages friends to become users, among others, is likely to decide that the added cost of entering the market is not worth the benefit. This is particularly true for a first-time, casual dealer who has not yet made substantial profits. This division provides a mechanism for the cost of the injury caused by illegal drug use to be borne by those who benefit from illegal drug dealing.
(c)CA Health & Safety Code § 11702(c)  This division imposes liability against all participants in the marketing of illegal controlled substances, including small dealers, particularly those in the workplace, who are not usually the focus of criminal investigations. The small dealers increase the number of users and are the people who become large dealers. These small dealers are most likely to be deterred by the threat of liability.

Section § 11703

Explanation

This law defines various terms related to the illegal drug trade and associated offenses. It explains that 'marketing of illegal controlled substances' covers everything from possession and sale to manufacturing illegal drugs. An 'individual user' is someone who uses an illegal drug, and offenses are categorized by severity from Level 1 to Level 4 based on the quantity of drugs involved. Levels range from small amounts for personal use to large quantities for sale or manufacture. Participation in the drug trade includes actions like transporting or selling drugs, but not merely buying for personal use. 'Person' includes individuals and organizations, and terms like 'place of illegal activity' and 'place of participation' refer to the locations where drug-related actions occur. The law specifies certain drugs like cocaine and methamphetamine as covered substances.

As used in this division:
(a)CA Health & Safety Code § 11703(a) “Marketing of illegal controlled substances” means the possession for sale, sale, or distribution of a specified illegal controlled substance, and shall include all aspects of making such a controlled substance available, including, but not limited to, its manufacture.
(b)CA Health & Safety Code § 11703(b) “Individual user of an illegal controlled substance” means the individual whose use of a specified illegal controlled substance is the basis of an action brought under this division.
(c)CA Health & Safety Code § 11703(c) “Level 1 offense” means the possession for sale of less than four ounces or the sale or furnishing of less than one ounce of a specified illegal controlled substance, or the cultivation of at least 25 plants but less than 50 plants, the furnishing of more than 28.5 grams, or the possession for sale or sale of up to four pounds, of marijuana.
(d)CA Health & Safety Code § 11703(d) “Level 2 offense” means the possession for sale of four ounces or more but less than eight ounces of, or the sale or furnishing of one ounce or more but less than two ounces of, a specified illegal controlled substance, or the cultivation of at least 50 but less than 75 plants, the possession for sale of four pounds or more but less than eight pounds, or the sale or furnishing of more than one pound but less than five pounds, of marijuana.
(e)CA Health & Safety Code § 11703(e) “Level 3 offense” means the possession for sale of eight ounces or more but less than 16 ounces of, or the sale or furnishing of two ounces or more but less than four ounces of, a specified illegal controlled substance, or the cultivation of at least 75 but less than 100 plants, the possession for sale of eight pounds or more but less than 16 pounds, or the sale or furnishing of more than five pounds but less than 10 pounds, of marijuana.
(f)CA Health & Safety Code § 11703(f) “Level 4 offense” means the possession for sale of 16 ounces or more of, or the sale or furnishing of four ounces or more of, a specified illegal controlled substance, or the cultivation of 100 plants or more of, the possession for sale of 16 pounds of, or the sale or furnishing of more than 10 pounds of, marijuana.
(g)CA Health & Safety Code § 11703(g) “Participate in the marketing of illegal controlled substances” means to transport, import into this state, sell, possess with intent to sell, furnish, administer, or give away, or offer to transport, import into this state, sell, furnish, administer, or give away a specified illegal controlled substance. “Participate in the marketing of illegal controlled substances” shall include the manufacturing of an illegal controlled substance, but shall not include the purchase or receipt of an illegal controlled substance for personal use only.
(h)CA Health & Safety Code § 11703(h) “Person” means an individual, governmental entity, corporation, firm, trust, partnership, or incorporated or unincorporated association, existing under or authorized by the laws of this state, another state, or a foreign country.
(i)CA Health & Safety Code § 11703(i) “Period of illegal use” means, in relation to the individual user of an illegal controlled substance, the time of the individual’s first illegal use of an illegal controlled substance to the accrual of the cause of action.
(j)CA Health & Safety Code § 11703(j) “Place of illegal activity” means, in relation to the individual user of an illegal controlled substance, each county in which the individual illegally possesses or uses an illegal controlled substance during the period of the individual’s use of an illegal controlled substance.
(k)CA Health & Safety Code § 11703(k) “Place of participation” means, in relation to a defendant in an action brought under this division, each county in which the person participates in the marketing of illegal controlled substances during the period of the person’s participation in the marketing of illegal controlled substances.
(l)CA Health & Safety Code § 11703(l) “Specified illegal controlled substance” means cocaine, phencyclidine, heroin, or methamphetamine and any other illegal controlled substance the manufacture, cultivation, importation into this state, transportation, possession for sale, sale, furnishing, administering, or giving away of which is a violation of Section 11351, 11351.5, 11352, 11358, 11359, 11360, 11378.5, 11379.5, or 11383.

Section § 11704

Explanation

If you knowingly help sell illegal drugs in this state, you can be sued for damages if someone gets hurt because of the drug use. However, law enforcement and those working with them are not held liable if they are involved in selling drugs as part of an official investigation.

(a)CA Health & Safety Code § 11704(a)  A person who knowingly participates in the marketing of illegal controlled substances within this state is liable for civil damages as provided in this division. A person may recover damages under this division for injury resulting from an individual’s use of an illegal controlled substance.
(b)CA Health & Safety Code § 11704(b)  A law enforcement officer or agency, the state, or a person acting at the direction of a law enforcement officer or agency or the state is not liable for participating in the marketing of illegal controlled substances, if the participation is in furtherance of an official investigation.

Section § 11705

Explanation

This law allows certain people to sue for damages if they are harmed by someone using illegal drugs. People who can sue include family members, employers, medical facilities, insurers, and others affected, like those exposed in the womb or injured by the drug user. They can seek damages from those who sold or participated in selling the drugs, especially if those actions occurred in the same place as the individual's drug use.

Damages one can claim include both financial losses like medical costs and lost wages and personal losses like emotional distress. The law also allows for extra punitive damages, lawyer's fees, and court costs.

(a)CA Health & Safety Code § 11705(a)  Any one or more of the following persons may bring an action for damages caused by an individual’s use of an illegal controlled substance:
(1)CA Health & Safety Code § 11705(a)(1)  A parent, legal guardian, child, spouse, or sibling of the individual controlled substance user.
(2)CA Health & Safety Code § 11705(a)(2)  An individual who was exposed to an illegal controlled substance in utero.
(3)CA Health & Safety Code § 11705(a)(3)  An employer of the individual user of an illegal controlled substance.
(4)CA Health & Safety Code § 11705(a)(4)  A medical facility, insurer, employer, or other nongovernmental entity that funds a drug treatment program or employee assistance program for the individual user of an illegal controlled substance or that otherwise expended money on behalf of the individual user of an illegal controlled substance. No public agency other than a public agency medical facility shall have a cause of action under this division.
(5)CA Health & Safety Code § 11705(a)(5)  A person injured as a result of the willful, reckless, or negligent actions of an individual user of an illegal controlled substance.
(b)CA Health & Safety Code § 11705(b)  A person entitled to bring an action under this section may seek damages from one or more of the following:
(1)CA Health & Safety Code § 11705(b)(1)  A person who sold, administered, or furnished an illegal controlled substance to the individual user of the illegal controlled substance.
(2)CA Health & Safety Code § 11705(b)(2)  A person who knowingly participated in the marketing of illegal controlled substances, if all of the following apply:
(A)CA Health & Safety Code § 11705(b)(2)(A)  The place of illegal activity by the individual user of an illegal controlled substance is within the city, city and county, or unincorporated area of the county in which the defendant’s place of participation is situated.
(B)CA Health & Safety Code § 11705(b)(2)(B)  The defendant’s participation in the marketing of illegal controlled substances was connected with the same type of specified illegal controlled substance used by the individual user of an illegal controlled substance, and the defendant has been convicted of an offense for that type of specified illegal controlled substance.
(C)CA Health & Safety Code § 11705(b)(2)(C)  The defendant participated in the marketing of illegal controlled substances at any time during the period the individual user of an illegal controlled substance illegally used the controlled substance.
(D)CA Health & Safety Code § 11705(b)(2)(D)  The underlying offense for the conviction of the specified illegal controlled substance occurred in the same county as the individual user’s place of use.
(c)CA Health & Safety Code § 11705(c)  As used in subdivision (b), knowingly participated in the marketing of illegal controlled substances” means a conviction for transporting, importing into this state, selling, possessing with intent to sell, furnishing, administering, or giving away, or offering to transport, import into this state, sell, furnish, administer, or give away a specified illegal controlled substance or a quantity of marijuana specified in subdivision (e), (f), (g), or (h) of Section 11703, which are separate in time.
(d)CA Health & Safety Code § 11705(d)  A person entitled to bring an action under this section may recover all of the following damages:
(1)CA Health & Safety Code § 11705(d)(1)  Economic damages, including, but not limited to, the cost of treatment and rehabilitation, medical expenses, loss of economic or educational potential, loss of productivity, absenteeism, support expenses, accidents or injury, and any other pecuniary loss proximately caused by the use of an illegal controlled substance.
(2)CA Health & Safety Code § 11705(d)(2)  Noneconomic damages, including, but not limited to, physical and emotional pain, suffering, physical impairment, emotional distress, medical anguish, disfigurement, loss of enjoyment, loss of companionship, services and consortium, and other nonpecuniary losses proximately caused by an individual’s use of an illegal controlled substance.
(3)CA Health & Safety Code § 11705(d)(3)  Exemplary damages.
(4)CA Health & Safety Code § 11705(d)(4)  Reasonable attorney fees.
(5)CA Health & Safety Code § 11705(d)(5)  Costs of suit, including, but not limited to, reasonable expenses for expert testimony.

Section § 11706

Explanation

This law states that if you use illegal drugs, you generally can't sue for damages caused by that drug use, unless you meet certain conditions. First, you must tell the authorities all you know about your drug suppliers. Second, you must not have used any illegal drugs for at least 30 days before filing the lawsuit. Third, you need to stay drug-free while the lawsuit is ongoing. If you qualify, you can only sue the person who was involved in dealing the specific drug you used. You can recover economic losses like medical costs and lost earnings, reasonable attorney fees, and court costs.

(a)CA Health & Safety Code § 11706(a) An individual user of an illegal controlled substance may not bring an action for damages caused by the use of an illegal controlled substance, except as otherwise provided in this section. An individual user of an illegal controlled substance may bring an action for damages caused by the use of an illegal controlled substance only if all of the following conditions are met:
(1)CA Health & Safety Code § 11706(a)(1) The individual personally discloses to narcotics enforcement authorities all of the information known to the individual regarding all that individual’s sources of illegal controlled substances.
(2)CA Health & Safety Code § 11706(a)(2) The individual has not used an illegal controlled substance within the 30 days before filing the action.
(3)CA Health & Safety Code § 11706(a)(3) The individual continues to remain free of the use of an illegal controlled substance throughout the pendency of the action.
(b)CA Health & Safety Code § 11706(b) A person entitled to bring an action under this section may seek damages only from a person who manufactured, transported, imported into this state, sold, possessed with intent to sell, furnished, administered, or gave away the specified illegal controlled substance actually used by the individual user of an illegal controlled substance.
(c)CA Health & Safety Code § 11706(c) A person entitled to bring an action under this section may recover only the following damages:
(1)CA Health & Safety Code § 11706(c)(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 an illegal controlled substance.
(2)CA Health & Safety Code § 11706(c)(2) Reasonable attorney fees.
(3)CA Health & Safety Code § 11706(c)(3) Costs of suit, including, but not limited to, reasonable expenses for expert testimony.

Section § 11707

Explanation

This law states that if someone is insured, no third party can pay financial damages or provide legal defense on their behalf under an insurance contract. Additionally, any legal claims allowed by this law cannot be transferred to any public or government-funded agencies or institutions, whether directly or indirectly.

(a)CA Health & Safety Code § 11707(a)  A third party shall not pay damages awarded under this division, or provide a defense or money for a defense, on behalf of an insured under a contract of insurance or indemnification.
(b)CA Health & Safety Code § 11707(b)  A cause of action authorized pursuant to this division may not be assigned, either expressly, by subrogation, or by any other means, directly or indirectly, to any public or publicly funded agency or institution.

Section § 11708

Explanation

This law outlines how responsibility for damages is determined for individuals involved in the illegal drug trade, based on the severity of their involvement. If a person is involved in a level 1 offense, they are assumed to be responsible for 25% of the damages. For a level 2 offense, they would be responsible for half of the damages. Level 3 offenses make a person responsible for 75% of the damages. Lastly, for a level 4 offense, a person is presumed to be fully responsible for all damages. These are rebuttable presumptions, meaning a person can contest this assumed responsibility in court.

A person, whose participation in the marketing of illegal controlled substances constitutes the following level offense, shall be rebuttably presumed to be responsible in the following amounts:
(a)CA Health & Safety Code § 11708(a)  For a level 1 offense, 25 percent of the damages.
(b)CA Health & Safety Code § 11708(b)  For a level 2 offense, 50 percent of the damages.
(c)CA Health & Safety Code § 11708(c)  For a level 3 offense, 75 percent of the damages.
(d)CA Health & Safety Code § 11708(d)  For a level 4 offense, 100 percent of the damages.

Section § 11709

Explanation

This law section allows multiple plaintiffs to join together in a single lawsuit if they have used illegal drugs in overlapping periods and share at least one common market for those drugs. Similarly, multiple defendants can be joined if they are liable to at least one of the plaintiffs.

Plaintiffs and defendants don't have to participate in every part of the legal proceedings, and the court can issue judgment based on each party's individual rights and liabilities.

(a)CA Health & Safety Code § 11709(a)  Two or more persons may join in one action under this division as plaintiffs if their respective actions have at least one market for illegal controlled substances in common and if any portion of the period of use of an illegal controlled substance overlaps with the period of use of an illegal controlled substance for every other plaintiff.
(b)CA Health & Safety Code § 11709(b)  Two or more persons may be joined in one action under this division as defendants if those persons are liable to at least one plaintiff.
(c)CA Health & Safety Code § 11709(c)  A plaintiff need not participate in obtaining and a defendant need not participate in defending against all the relief demanded. Judgment may be given for one or more plaintiffs according to their respective rights to relief and against one or more defendants according to their respective liabilities.

Section § 11710

Explanation

This law explains that if you're injured because you used illegal drugs, you can still sue for damages, but any compensation you receive may be reduced based on your own responsibility for using the drugs. It's up to the person you're suing to prove how responsible you were, and they have to provide strong evidence.

Also, if you're not a drug user, you can't be held responsible unless you intentionally gave money to someone to buy illegal drugs.

(a)CA Health & Safety Code § 11710(a)  An action by an individual user of an illegal controlled substance 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 the plaintiff.
(b)CA Health & Safety Code § 11710(b)  The burden of proving the comparative responsibility of the plaintiff is on the defendant, which shall be shown by clear and convincing evidence.
(c)CA Health & Safety Code § 11710(c)  Comparative responsibility shall not be attributed to a plaintiff who is not an individual user of a controlled substance, unless that plaintiff willfully and knowingly gave the individual user money for the purchase of the illegal controlled substance.

Section § 11711

Explanation

If someone is liable under this law, they can go after others who are also liable to share the responsibility, called contribution. This can happen during the original lawsuit or in a new lawsuit. The person suing can try to collect from any party that another defendant thinks should also pay.

A person subject to liability under this division has a right of action for contribution against another person subject to liability under this division. Contribution may be enforced either in the original action or by a separate action brought for that purpose. A plaintiff may seek recovery in accordance with this division and other laws against a person whom a defendant has asserted a right of contribution.

Section § 11712

Explanation

This law outlines how evidence must be presented in cases related to illegal controlled substances under this division. If you're trying to prove someone liable, you need clear and convincing evidence, but other parts of the case only need to be proved by a majority of the evidence. If someone has a criminal conviction for selling illegal drugs under state or federal law, they can't deny being part of the illegal drug market, and this conviction can be used as initial proof they were involved in dealing the specific drugs in question. However, even if someone hasn't been criminally convicted, you can still bring a case against them as stated in another related law section.

(a)CA Health & Safety Code § 11712(a)  Proof of liability in an action brought under this division shall be shown by clear and convincing evidence. Except as otherwise provided in this division, other elements of the cause of action shall be shown by a preponderance of the evidence.
(b)Copy CA Health & Safety Code § 11712(b)
(1)Copy CA Health & Safety Code § 11712(b)(1)  A person against whom recovery is sought who has a criminal conviction pursuant to state laws prohibiting the illegal sale of controlled substances or the Comprehensive Drug Abuse Prevention and Control Act of 1970 (Public Law 91-513, 84 Stats. 1236, codified at 21 U.S.C. Sec. 801 et seq.), is estopped from denying participation in the illegal market for controlled substances. Except as provided in paragraph (2), this subdivision does not affect the plaintiff’s burden of proving subparagraphs (A), (B), and (C) of paragraph (2) of subdivision (b) of Section 11705.
(2)CA Health & Safety Code § 11712(b)(2)  Such a conviction is also prima facie evidence of the person’s participation in the marketing of a specified illegal controlled substance used by the individual user where that conviction was based upon the person’s marketing of that same type of illegal controlled substance.
(c)CA Health & Safety Code § 11712(c)  The absence of a criminal conviction of a person pursuant to subdivision (b) against whom recovery is sought does not bar an action against that person in an action pursuant to paragraph (1) of subdivision (b) of Section 11705, or Section 11706..

Section § 11713

Explanation

This law lets someone who is suing (the plaintiff) ask the court to temporarily take control of enough of the defendant's assets to cover the potential judgment they might win. This can happen before the case is decided, but it is subject to certain conditions outlined in a different legal section.

The specific rules and procedures for making this request are detailed in another part of the legal code starting at Section 485.010.

(a)CA Health & Safety Code § 11713(a)  A plaintiff under this division, subject to subdivision (c), may request an ex parte prejudgment attachment order from the court against all assets of a defendant sufficient to satisfy a potential award.
(b)CA Health & Safety Code § 11713(b)  Chapter 5 (commencing with Section 485.010) of Title 6.5 of Part 2 of the Code of Civil Procedure shall apply to any request under this subdivision.

Section § 11714

Explanation

This section outlines the time limits for bringing legal claims related to the use of illegal drugs. Generally, you must file a claim within one year after the illegal drug was provided. The clock starts ticking when you become aware of the harm caused by the drug and realize that the drug is the cause of that harm.

For the person who provided the drug, the deadline to bring a claim doesn't end until one year after they are convicted of a crime related to that drug, or as specified by other laws.

(a)CA Health & Safety Code § 11714(a)  Except as otherwise provided in this section, a claim under this division shall not be brought more than one year after the defendant furnishes the specified illegal controlled substance. A cause of action accrues under this division when a person who may recover has reason to know of the harm from use of an illegal controlled substance that is the basis for the cause of action and has reason to know that the use of an illegal controlled substance is the cause of the harm.
(b)CA Health & Safety Code § 11714(b)  For a defendant, the statute of limitations under this section does not expire until one year after the individual potential defendant is convicted of a criminal offense involving an illegal controlled substance or as otherwise provided by law.

Section § 11715

Explanation
If a government agency is involved in investigating or prosecuting an illegal drug case, any related legal action can be paused until the criminal investigation or case is finished.
On motion by a governmental agency involved in an investigation or prosecution involving an illegal controlled substance, an action brought under this division shall be stayed until the completion of the criminal investigation or prosecution that gave rise to the motion for a stay of the action.

Section § 11716

Explanation

This law states that you cannot take legal action against someone for something they did before this law was officially put into effect.

No cause of action shall arise based on any act by a defendant which occurred prior to the effective date of this division.

Section § 11717

Explanation

This law says that if part of it is found to be invalid or doesn't apply to a specific person or situation, the rest of the law still stands and will continue to apply to others.

If any provision of this division or the application of any provision to any person or circumstance is held invalid, the remainder of this division and the application of such provision to any other person or circumstance shall not be affected by that invalidation.