Bill Caption

Relating to civil liability of a person who produces, distributes, sells, or provides or aids in the production, distribution, sale, or provision of certain synthetic substances to another person for damages caused by the other person.

Fiscal Notes

No significant fiscal implication to State or local government.

Bill Analysis

HB 1200 would establish civil liability for producing, distributing, or selling synthetic substances with the actor liable for all proximate damages caused by a person who consumed or ingested the substance, and strictly liable for all such damages caused by a minor who consumed or ingested the substance.

The bill would establish that the conduct for which the bill creates liability is a false, misleading, or deceptive act or practice or an unconscionable action or course of action for the purposes of statutory provisions governing relief for consumers under the Deceptive Trade Practices-Consumer Protection Act. The bill would allow for exemplary damages to be awarded and would provide for affirmative defenses. 

Vote Recommendation Notes

By providing a legal recourse for people who have been harmed by illicit synthetic drugs, this bill promotes individual liberty. This is all the more important because of how difficult it is to utilize the criminal statutes to prosecute and convict synthetic drug manufacturers due to their quick adaptation to statutory changes allowing them to easily get around the intent of the law.  For this reason, we support HB 1200.