(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) 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) The individual has not used an illegal controlled 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) 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) A person 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 an illegal controlled substance.
(2) Reasonable attorney fees.
(3) Costs of suit, including, but not limited to, reasonable expenses for expert testimony.
(Amended by Stats. 2005, Ch. 88, Sec. 2. Effective January 1, 2006.)
Last modified: October 25, 2018