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House approves bill letting addicts or victims sue drug dealers for damages; treble damages debated
Summary
HB 409 passed 65–3 after debate and a floor amendment clarifying who can be sued; the measure opens civil remedies against illegal distributors for harms from addiction and contemplates treble damages, a point of concern for some members.
The Utah House passed House Bill 409, which allows civil suits against illegal drug distributors for damages related to addiction, after an amendment that clarified who may be sued and who is exempt. Sponsor Christopher Herod described the bill as an effort to remove illegal profit from the drug trade and provide a civil remedy to those harmed by addiction; the House approved the measure 65–3.
On the floor Herod said, ‘‘What HB409 does is allow drug dealers to be sued for trouble damages for the damages that are caused by the product that they sell.’’ An amendment adopted on the floor narrowed exposure by preserving exemptions for lawful prescribers and clarifying the covered conduct.
Members asked whether the change could saddle innocent family members of dealers with loss and whether the bill’s treble-damages provision could create disproportionate penalties. Representative Mathis asked whether the bill might ‘‘be hurting innocent wives, children’’ of a distributor; proponents responded that similar exposure exists today and that treble damages would be a tool to deter illegal sales. Members also sought reassurance that the bill would not apply to lawful prescribers who later had their prescriptions diverted.
After debate and summation, the House closed voting and the clerk announced passage with 65 yes and 3 no. The bill will be transmitted to the Senate for its consideration.
