HB 2612

85(R) - 2017
House Judiciary & Civil Jurisprudence
House Judiciary & Civil Jurisprudence

Vote Recommendation

  • Neutral
  • Neutral
  • Neutral
  • Neutral
  • Positive


Morgan Meyer

Bill Caption

Relating to civil liability of a person who produces, distributes, sells, or provides or aides 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 the State is anticipated.

Bill Analysis

This bill would impose a civil liability on persons for damages proximately caused by the consumption or ingestion of a synthetic substance. A person would be strictly liable for all damages caused by the consumption or ingestion of a synthetic substance by a minor if they were responsible for either providing or manufacturing the substance. An action brought under this section of the code may include a claim for exemplary damages. If this bill passes, there would be a defense to liability if the product was approved for sale use or distribution of the USDA; and it would not be a defense to liability if the packaging stated “not for human consumption” or other packing warning denoting that the product is not to be ingested. 

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 2612.