U.S. Supreme Court Takes Up Case Of Trucker Fired Over THC Test He Says Was Caused By CBD Product

The U.S. Supreme Court has agreed to hear a case involving a trucker who sued a cannabis company after he was fired over a positive THC test that he says was caused by consuming a hemp-derived CBD product.

Douglas Horn filed a lawsuit against the business, Medical Marijuana, Inc., in 2015 under the Racketeer Influenced and Corrupt Organizations (RICO) Act. He alleged that the company falsely advertised the product as having “0% THC,” which is why he decided to try it for pain management.

A lower court sided with Horn and allowed the RICO suit to proceed, but the business appealed the ruling with the Supreme Court. Justices agreed to take up the case on Monday.

While RICO cases are generally associated with large-scale prosecutions of criminal organizations, the statute can be applied in civil matters as well. In this instance, Horn claims to have been “injured in his business or property” because his employment was terminated due to the positive THC test. He alleges that Medical Marijuana, Inc. committed mail and wire fraud.

Horn’s “termination cost him current and future wages and his insurance and pension benefits–all of which were tied to his employment,” the U.S. Court of Appeals for the Second Circuit said. And that injury falls under the plain meaning of the word “business” in the RICO statute.

In a separate case that was settled in January, the Drug Enforcement Administration (DEA) rehired and is providing back pay to a special agent who was fired after testing positive for THC that he attributed to CBD he was taking as an opioid alternative for chronic pain, with the agency reaching an agreement in a lawsuit challenging the termination.

Meanwhile, the legal question over the constitutionality of a federal gun ban for people who use marijuana is also before the U.S. Supreme Court, where justices are expected to decide whether they will hear an appeal of a circuit court ruling that found the restriction violates the Second Amendment.

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