# 42 Pa.C.S. § 8307: Action by parent, guardian or other custodian for damages in the sale or transfer of controlled substances to a child

> Pennsylvania · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_PA_T42_C83_S8307

## Section

- **Citation:** 42 Pa.C.S. § 8307
- **Heading:** Action by parent, guardian or other custodian for damages in the sale or transfer of controlled substances to a child
- **Jurisdiction:** Pennsylvania
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** PA Code / Title 42 / Chapter 83 / Section 8307

## Text

(a) Cause of action established.--The parent, guardian or other custodian of any child under 18 years of age to whom a controlled substance or designer drug, as defined under the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act, is sold or transferred shall have a cause of action against the person who sold or transferred the controlled substance or the designer drug to the child, and recovery may be sought by the child's parent,

guardian or other custodian for damages caused by the sale or transfer of the controlled substance or designer drug.

(b) Damages.--Damages shall include the cost for treatment and rehabilitation relating to or resulting from the child's drug dependency or use. The court may order that some or all of this award be placed in a fund for the purpose of providing for the treatment and rehabilitation of the child's drug dependency or use, including past treatment and rehabilitation.

(c) Attorney fees.--Reasonable attorney fees shall be awarded to a party that brings suit and prevails under this cause of action.

(d) Exception.--This section shall not apply to a practitioner who sells or transfers a controlled substance listed in The Controlled Substance, Drug, Device and Cosmetic Act to a child pursuant to a valid prescription. (Dec. 22, 1989, P.L.722, No.96, eff. 60 days) 1989 Amendment. Act 96 added section 8307.

## Nearby sections

- [42 Pa.C.S. § 8301 Death action.](https://www.frixlaw.com/law-library/statutes/STATE_PA_T42_C83_S8301.md)
- [42 Pa.C.S. § 8302 Survival action.](https://www.frixlaw.com/law-library/statutes/STATE_PA_T42_C83_S8302.md)
- [42 Pa.C.S. § 8303 Action for performance of a duty required by law.](https://www.frixlaw.com/law-library/statutes/STATE_PA_T42_C83_S8303.md)
- [42 Pa.C.S. § 8304 Damages in actions on bad checks.](https://www.frixlaw.com/law-library/statutes/STATE_PA_T42_C83_S8304.md)
- [42 Pa.C.S. § 8305 Actions for wrongful birth and wrongful life.](https://www.frixlaw.com/law-library/statutes/STATE_PA_T42_C83_S8305.md)
- [42 Pa.C.S. § 8306 Defense against claim for injury sustained in utero barred.](https://www.frixlaw.com/law-library/statutes/STATE_PA_T42_C83_S8306.md)
- [42 Pa.C.S. § 8307 Action by parent, guardian or other custodian for damages in the sale or transfer of controlled substances to a child.](https://www.frixlaw.com/law-library/statutes/STATE_PA_T42_C83_S8307.md)
- [42 Pa.C.S. § 8308 Damages in actions on retail theft.](https://www.frixlaw.com/law-library/statutes/STATE_PA_T42_C83_S8308.md)
- [42 Pa.C.S. § 8309 Civil rights violations.](https://www.frixlaw.com/law-library/statutes/STATE_PA_T42_C83_S8309.md)
- [42 Pa.C.S. § 8310 Damages in actions on thefts of leased property.](https://www.frixlaw.com/law-library/statutes/STATE_PA_T42_C83_S8310.md)
- [42 Pa.C.S. § 8311 Damages in actions for conversion of timber.](https://www.frixlaw.com/law-library/statutes/STATE_PA_T42_C83_S8311.md)
- [42 Pa.C.S. § 8312 Profits received as a result of commission of crime.](https://www.frixlaw.com/law-library/statutes/STATE_PA_T42_C83_S8312.md)
- [42 Pa.C.S. § 8313 Agricultural crop destruction.](https://www.frixlaw.com/law-library/statutes/STATE_PA_T42_C83_S8313.md)
- [42 Pa.C.S. § 8314 Assault with biological agent on animal, fowl or honey bees.](https://www.frixlaw.com/law-library/statutes/STATE_PA_T42_C83_S8314.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_PA_T42_C83_S8307. Check the current official text before relying on it. Not legal advice.