Section 11702 Of Division 10.2. Drug Dealer Liability Act From California Health And Safety Code >> Division 10.2.
11702
. The Legislature finds and declares all of the following:
(a) Although the criminal justice system is an important weapon
against the marketing of illegal controlled substances, the civil
justice system can and must also be used. The civil justice system
can provide an avenue of compensation for those who have suffered
harm as a result of the marketing and distribution of illegal
controlled substances. The persons who have joined the marketing of
illegal controlled substances should bear the cost of the harm caused
by that market in the community.
(b) The threat of liability under this division serves as an
additional deterrent to a recognizable segment of the network for
illegal controlled substances. A person who has assets unrelated to
the sale of illegal controlled substances, who markets illegal
controlled substances at the workplace, who encourages friends to
become users, among others, is likely to decide that the added cost
of entering the market is not worth the benefit. This is particularly
true for a first-time, casual dealer who has not yet made
substantial profits. This division provides a mechanism for the cost
of the injury caused by illegal drug use to be borne by those who
benefit from illegal drug dealing.
(c) This division imposes liability against all participants in
the marketing of illegal controlled substances, including small
dealers, particularly those in the workplace, who are not usually the
focus of criminal investigations. The small dealers increase the
number of users and are the people who become large dealers. These
small dealers are most likely to be deterred by the threat of
liability.