Every action brought pursuant to this article shall be commenced no later than two years after the child's eighteenth birthday.
§ 8.01-227.7.Statute of limitations.
Chapter 3. Actions · Article 23. Drug Dealer Liability Act · Last amended 2002 · Last verified July 16, 2026
In one sentenceSection 8.01-227.7 requires any action under the Drug Dealer Liability Act to be filed no later than two years after the child’s eighteenth birthday, measuring the deadline from that fixed date rather than from when the drug distribution or harm occurred.
Full Text of § 8.01-227.7
Plain-English Summary
Article 23 sets a single limitations period for every action it authorizes: no later than two years after the child’s eighteenth birthday. That is unusual among personal-injury deadlines, which typically run from the date of injury or its discovery. Here the trigger is a fixed, easy-to-identify milestone — the child turning eighteen — regardless of when the unlawful drug use began or ended.
The practical effect is that a parent’s window to sue can open years after the underlying conduct, so long as the child was still a minor when it happened. What matters is the two-year clock after the eighteenth birthday, not how long ago the drug distribution or harm took place.
Frequently Asked Questions
How long does a parent have to sue under the Drug Dealer Liability Act?
No later than two years after the child’s eighteenth birthday.
Does the deadline run from the date the drug distribution happened?
No. Section 8.01-227.7 measures the two years from the child’s eighteenth birthday, not from the date of the sale, distribution, or resulting harm.
What happens if a parent misses the two-year window after the child turns eighteen?
The statute states that every action under the article must be commenced no later than that deadline, so a suit filed after it would be untimely.
Does this deadline apply to every claim brought under Article 23?
Yes. Section 8.01-227.7 applies to every action brought pursuant to the article.
Why tie the deadline to the child’s eighteenth birthday instead of the date of the harm?
It gives everyone a fixed, predictable date to work from, regardless of how young the child was when the unlawful drug use began or how long it continued.
Amendment History
2002, c. 863.
Source & verification. Section text and amendment history are
reproduced verbatim from the Code of Virginia, published by the
Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026.
· Official source
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