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 involving minors. It classifies predatory marketing of fentanyl to minors as a first-degree crime, imposing a mandatory minimum prison sentence of 30 years without parole eligibility, or a term of imprisonment between 30 years and life, with a minimum of 30 years served before 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 specifies that plaintiffs can seek various forms of damages, including economic and non-economic losses, punitive damages, and legal fees. The bill also includes provisions to ensure that actions brought by minors can be initiated within a specified timeframe, allowing for a more comprehensive approach to addressing the dangers of fentanyl marketing to vulnerable populations.
Statutes affected: Introduced: 2C:35B-3, 2C:35B-4