[§663E-3]  Limitations for recovery of
damages; state recovery.  (a)  An individual drug user may not bring an
action for damages caused by the use of an illegal drug, except as otherwise
provided in this section.  An individual drug user may bring an action for
damages caused by that individual's use of an illegal drug only if all of the
following conditions are met:



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



(2)  The individual continues to remain free of the
use of an illegal drug 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 distributed, or is in the
chain of distribution of, the illegal drug that was used by the individual drug
user.



(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 associated with the person's illegal drug
use;



(2)  Reasonable attorney's fees; and



(3)  Costs of suit including but not limited to reasonable
expenses for expert testimony.



(d)  Twenty-five per cent of any actual
recovery of damages by the plaintiff under this section, whether by settlement,
execution on a judgment, or otherwise, shall be turned over to the State for
deposit into the general fund. [L 2004, c 44, pt of §13]