2C:35B-2. Findings, declarations regarding civil actions against drug dealers
2.The Legislature finds and declares:
a.Although
the criminal justice system is an important weapon in the battle
against controlled dangerous 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 controlled dangerous substances. The
persons who have joined the marketing of controlled dangerous substances
should bear the cost of the harm caused by that market in the
community.
b.The
threat of liability under this act serves as an additional deterrent to
a recognizable segment of the network for marketing controlled
dangerous substances. Because of this threat, a person who has assets
unrelated to the sale of controlled dangerous substances, who markets
controlled dangerous substances at the workplace, who encourages friends
to become users, 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.
c.This
act is intended to provide a mechanism whereby the costs of the
injuries caused by illegal drug use will be borne by those who benefit
from illegal drug dealing.
d.This
act imposes liability against all participants in the marketing of
controlled dangerous substances, including small dealers, particularly
those in the workplace, who are not usually the focus of criminal
investigations. Small dealers increase the number of users and
ultimately are the people who become large dealers. It is these small
dealers who are most likely to be deterred by the threat of liability.
L.2001, c.114, s.2.
