a. Proof of liability in an action brought under this act shall be shown by clear and convincing evidence.
b.A
person against whom recovery is sought who has been convicted of a
violation of N.J.S.2C:35-5, Manufacturing, Distributing or Dispensing,
or an equivalent offense under federal law or the law of any other
state, is estopped from denying illegal participation in the market for
controlled dangerous substances. If such conviction was based upon the
same type of controlled dangerous substance as that used by the
individual user, the conviction also constitutes prima facie evidence of
the persons participation in the marketing of controlled dangerous
substance user pursuant to this act.
c.The
absence of a criminal conviction for a violation of N.J.S.2C:35-5 or an
equivalent offense under federal law or the law of any other state does
not bar recovery by a plaintiff bringing suit pursuant to subsection b.
of section 5 of this act.
Wednesday, January 3, 2024
2C:35B-12. Proof of Liability; Prima Facie Evidence
