(1)
- (a) Proof of participation in the illegal drug market in an action brought under this chapter shall be shown by clear and convincing evidence.
- (b) Except as otherwise provided in this chapter, other elements of the cause of action shall be shown by a preponderance of the evidence.
(2)
- (a) A person against whom recovery is sought who has a criminal conviction pursuant to state drug laws or the Comprehensive Drug Abuse Prevention and Control Act of 1970, Pub. L. 91-513, 84 Stat. 1236, codified at 21 U.S.C. Sec. 801 et seq., is estopped from denying participation in the illegal drug market.
- (b) A conviction is also prima facie evidence of the person's participation in the illegal drug market during the two years preceding the date of an act giving rise to a conviction.
- (3) The absence of a criminal drug conviction of a person against whom recovery is sought does not bar an action against that person.
Renumbered and Amended by Chapter 362, 2026 General Session