Indiana § 34-24-4-5 - Action by individual drug user

Full text of Indiana Indiana Code § 34-24-4-5 — Action by individual drug user, with citation guidance and answers to common questions.

§ 34-24-4-5. Action by individual drug user

Sec. 5. (a) Except as provided in this section, an individual drug user may not bring an action for damages caused by the use of an illegal drug.

(b) An individual drug user may bring an action for damages caused by the use of an illegal drug if the individual drug user satisfies all of the following conditions:

(1) At least six (6) months before filing an action, the individual drug user personally discloses to law enforcement officers all of the information known to the individual drug user regarding all the individual drug user's sources of illegal drugs.

(2) The individual drug user does not use an illegal drug within the six (6) months immediately preceding the date the individual drug user files the action.

(3) The individual drug user does not use an illegal drug while the action is pending.

(c) An individual drug user who brings an action under this section (or IC 34-1-70-12 before its repeal) may recover damages only from a person who:

(1) distributed; or

(2) is in the chain of distribution of;

an illegal drug that was used by the individual drug user.

(d) An individual drug user who may bring an action under this section (or IC 34-1-70-12 before its repeal) may recover only the following damages:

(1) Economic damages, including costs for the following:

(A) Treatment and rehabilitation.

(B) Medical expenses.

(C) Loss of economic or educational potential.

(D) Loss of productivity.

(E) Absenteeism.

(F) Accidents or injury.

(G) Any other pecuniary loss proximately caused by the illegal drug use.

(2) Reasonable attorney's fees.

(3) Court costs, including reasonable expenses for expert testimony.

[Pre-1998 Recodification Citation: 34-1-70-12.]

As added by P.L.1-1998, SEC.19.

Source: official Indiana text · Last verified 2026-08-27

Frequently Asked Questions About Indiana § 34-24-4-5

What does Indiana Code § 34-24-4-5 cover?

Section 34-24-4-5 ("Action by individual drug user") is part of the Indiana Code, the codified statutory law of Indiana. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Indiana § 34-24-4-5?

A common citation format is "Indiana Code § 34-24-4-5" (Indiana). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Indiana law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Indiana official source linked on this page or consult a licensed Indiana attorney.

How does Indiana § 34-24-4-5 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Indiana can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Indiana.