Sec. 5. (a) Except as provided in this section, an individual drug user may not bring an action for damages caused by the use of an illegal drug.

(b) An individual drug user may bring an action for damages caused by the use of an illegal drug if the individual drug user satisfies all of the following conditions:

(1) At least six (6) months before filing an action, the individual drug user personally discloses to law enforcement officers all of the information known to the individual drug user regarding all the individual drug user's sources of illegal drugs.

(2) The individual drug user does not use an illegal drug within the six (6) months immediately preceding the date the individual drug user files the action.

(3) The individual drug user does not use an illegal drug while the action is pending.

(c) An individual drug user who brings an action under this section (or IC 34-1-70-12 before its repeal) may recover damages only from a person who:

(1) distributed; or

(2) is in the chain of distribution of;

an illegal drug that was used by the individual drug user.

(d) An individual drug user who may bring an action under this section (or IC 34-1-70-12 before its repeal) may recover only the following damages:

(1) Economic damages, including costs for the following:

(A) Treatment and rehabilitation.

(B) Medical expenses.

(C) Loss of economic or educational potential.

(D) Loss of productivity.

(E) Absenteeism.

(F) Accidents or injury.

(G) Any other pecuniary loss proximately caused by the illegal drug use.

(2) Reasonable attorney's fees.

(3) Court costs, including reasonable expenses for expert testimony.

[Pre-1998 Recodification Citation: 34-1-70-12.]

As added by P.L.1-1998, SEC.19.