California Health and Safety Code 11706 – (a) An individual user of an illegal controlled substance may …
(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.
Terms Used In California Health and Safety Code 11706
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- 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. See California Health and Safety Code 11703
- 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. See California Health and Safety Code 11703
- 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. See California Health and Safety Code 11703
- State: means the State of California, unless applied to the different parts of the United States. See California Health and Safety Code 23
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(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.)