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PARRIS N. GLENDENING, Governor
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Ch. 343
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Article - Courts and Judicial Proceedings
SUBTITLE 16. DRUG DEALER LIABILITY ACT.
3-1601.
IN THIS SUBTITLE, "CONTROLLED DANGEROUS SUBSTANCE" HAS THE MEANING
STATED IN ARTICLE 27, § 277(F) OF THE CODE.
3-1602.
A PERSON WHO MANUFACTURES, DISTRIBUTES, DISPENSES, OR BRINGS INTO
OR TRANSPORTS IN THE STATE A CONTROLLED DANGEROUS SUBSTANCE IS LIABLE
FOR DAMAGES IN A CIVIL ACTION AS PROVIDED IN THIS SUBTITLE.
A PERSON WHO IS CONVICTED, UNDER ARTICLE 27, § 286 OR § 286A OF THE CODE,
OF KNOWINGLY AND WILLFULLY MANUFACTURING, DISTRIBUTING, DISPENSING,
BRINGING INTO, OR TRANSPORTING IN THE STATE A CONTROLLED DANGEROUS
SUBSTANCE IS LIABLE FOR DAMAGES IN A CIVIL ACTION AS PROVIDED IN THIS
SUBTITLE.
3-1603.
A INSTEAD OF BRINGING A WRONGFUL DEATH ACTION UNDER SUBTITLE 9 OF
THIS TITLE AGAINST A PERSON DESCRIBED IN § 3-1602 OF THIS SUBTITLE, A CIVIL
ACTION FOR DAMAGES FOR THE DEATH OF AN INDIVIDUAL CAUSED BY THE
INDIVIDUAL'S USE OF A CONTROLLED DANGEROUS SUBSTANCE MAY BE BROUGHT
UNDER THIS SUBTITLE BY ANYONE WHO IS INJURED FROM THE USE OF A
CONTROLLED DANGEROUS SUBSTANCE BY AN INDIVIDUAL, INCLUDING:
(1) A PARENT, LEGAL GUARDIAN, CHILD, SPOUSE, OR SIBLING OF THE
INDIVIDUAL USER OF THE CONTROLLED DANGEROUS SUBSTANCE;
(2) AN INDIVIDUAL WHO WAS EXPOSED TO A CONTROLLED DANGEROUS
SUBSTANCE IN UTERO;
(3) AN EMPLOYER OF AN INDIVIDUAL USER OF A CONTROLLED
DANGEROUS SUBSTANCE;
(4) A MEDICAL FACILITY, INSURER, GOVERNMENTAL UNIT, EMPLOYER,
OR OTHER ENTITY THAT FUNDS A DRUG TREATMENT PROGRAM OR EMPLOYEE
ASSISTANCE PROGRAM FOR THE INDIVIDUAL USER OF A CONTROLLED DANGEROUS
SUBSTANCE OR THAT OTHERWISE SPENT MONEY ON BEHALF OF THE INDIVIDUAL
USER OF A CONTROLLED DANGEROUS SUBSTANCE; AND
(5) THE INDIVIDUAL USER OF THE CONTROLLED DANGEROUS
SUBSTANCE, IF:
(I) THE INDIVIDUAL PERSONALLY DISCLOSED TO LAW
ENFORCEMENT OFFICERS MORE THAN 6 MONTHS BEFORE FILING THE ACTION ALL
THE INFORMATION KNOWN TO THE INDIVIDUAL REGARDING THE SOURCE OF THE
CONTROLLED DANGEROUS SUBSTANCE;
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- 2015 -
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