Any user may bring an action for damages caused by the use of an illegal drug only if all of the following conditions are met:

(1) The user personally discloses to narcotics enforcement authorities, more than six months before filing the action, all of the information known to the user regarding all of that user’s sources of illegal drugs;

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Terms Used In South Dakota Codified Laws 34-20C-8

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.

(2) The user has not used an illegal drug within the six months before filing the action; and

(3) The user continues to remain free of the use of an illegal drug throughout the pendency of the action.

Source: SL 1997, ch 203, § 9.