WHAT IS THE DRUG NUISANCE ABATEMENT LAW? The Drug Nuisance Abatement Law says that a property, mobile home, or vacant lot that is being used for drug activity is a nuisance. This can be any property which is used:

• by persons who assemble for the specific purpose of illegally administering Controlled Dangerous Substances (CDS)
• for the illegal manufacture or distribution of CDS or controlled paraphernalia
• for the illegal storage or concealment of CDS in sufficient quantity to indicate intent to manufacture, distribute, or dispense CDS or controlled paraphernalia

WHO CAN SUE? - A drug nuisance suit can be brought by:

• a non-profit community association, or
• the State's Attorney's Office, or
• the City Solicitor's Office

WHO CAN BE SUED? - The law allows a suit against either:

• OWNER of the property, or
• TENANTS who are using the property for drug dealing, or BOTH.

WHAT DOES THE LAW ALLOW US TO DO? - In a drug nuisance suit, the court has the power to:

• order the owner to submit a plan of correction to ensure that the drug dealing stops;
• order a tenant to vacate the property within 72 hours, if the tenant knew about the drug activity;
• order a tenant to cease any drug related activity and evict the tenant if the tenant continues;
• order any other relief the court thinks necessary

HOW MUCH PROOF IS NECESSARY?
Unlike a criminal action, under the drug nuisance law, we just need to prove that there is drug-related activity by a preponderance of the evidence. In most cases, there will be observations of drug-related activity and/or direct tangible evidence (search and seizure or arrests with lab reports). In addition, the law specifically states that the "general reputation of the property" can be used as corroborating evidence for evidence obtained in a search and seizure. And, the court can still grant relief even if the dealing has stopped for the time being.

WHAT IF THE MEMBERS OF THE COMMUNITY ARE TOO FRIGHTENED TO TESTIFY?
If there is enough police testimony, the law allows for a drug nuisance abatement case to be brought and won without requiring testimony from community members. However, it is very useful to have community testimony or support. Moreover, organized community support will probably be necessary to enforce any court-ordered solution.

WHAT ARE THE STEPS INVOLVED?

• Community and police identify drug nuisance properties
• Gather evidence:
• all available police evidence regarding the property
• record of 911 calls to property
• observations in citizen activity logs, police notebooks, video, etc.
• Give the owner notice
• File lawsuit
• Monitor solution
• Organize to prevent spread of drug activity