This bill establishes stringent criminal and civil penalties for the predatory marketing of fentanyl to minors in New Jersey. It defines predatory marketing as the manufacturing, distributing, dispensing, or possessing with intent to distribute fentanyl in a manner that appeals to minors, such as through attractive packaging or advertising. The bill creates a rebuttable presumption of guilt for individuals previously convicted of related drug offenses, ensuring that a conviction for predatory marketing does not merge with other drug distribution convictions for sentencing purposes. Notably, the bill classifies predatory marketing of fentanyl to minors as a first-degree crime, imposing a minimum prison sentence of 30 years without parole eligibility.

Additionally, the bill amends the Drug Dealer Liability Act to allow minors or individuals who accidentally use or are exposed to fentanyl to file civil lawsuits against those involved in its predatory marketing. It outlines the conditions under which such lawsuits can be initiated, including the requirement for the plaintiff to disclose their sources of controlled substances and to remain drug-free during the legal proceedings. The bill also specifies the types of damages that can be sought, including economic and non-economic damages, punitive damages, and legal costs. Overall, this legislation aims to protect minors from the dangers of fentanyl through severe penalties for those who market it inappropriately.

Statutes affected:
Introduced: 2C:35B-3, 2C:35B-4