§2800.64. Action by individual users
A. An individual user is entitled to bring an action for damages caused by the use of an illegal controlled substance only if all of the following conditions are met:
(1) Not less than six months before filing the action, the individual personally discloses to narcotics enforcement authorities all of the information known to the individual regarding the individual's sources of illegal controlled substances.
(2) The individual has not used an illegal controlled substance within thirty days before filing the action.
(3) The individual does not use an illegal controlled substance during the pendency of the action.
B. The individual user 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.
C. The individual user entitled to bring an action under this Section may seek damages only from a person who distributed or possessed with the intent to distribute the illegal controlled substance actually used by the individual user.
Acts 1997, No. 719, §1.
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