Supreme Court to Weigh CBD Lawsuit in Truck Driver’s Drug Test Case


Last Updated On: October 16, 2024

On Tuesday, the Supreme Court will take on a pivotal case involving a truck driver who lost his job after failing a drug test due to a CBD product.

Douglas Horn, the driver, claims the product he used was labeled THC-free. However, after taking it to relieve chronic pain, he failed a random drug test, costing him his job.

In 2012, after losing his position, Horn sent the CBD product for independent testing.

The lab found THC, the psychoactive compound in marijuana. Horn responded by suing the company, Medical Marijuana Inc., under the Racketeer Influenced and Corrupt Organizations (RICO) Act—a law typically reserved for targeting organized crime but also applicable in civil fraud cases.

Brian Wolfman of Georgetown Law noted the broad scope of civil RICO claims, explaining, “It covers much of what we consider common law fraud.”

Medical Marijuana Inc., however, argues that Horn’s claim is related to personal injury, which would disqualify it from RICO protections.

While an appeals court sided with Horn, the Supreme Court’s decision could set a precedent for similar cases, potentially expanding RICO’s reach into consumer fraud.

Wolfman added, “While the injuries may start with personal harm, if they affect someone’s business or property, as in Horn’s case, RICO offers a remedy.”

The high court’s ruling could ripple through the CBD industry, offering new legal pathways for those impacted by mislabeled products.

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