The Supreme Court of the United States has agreed to hear a case involving a truck driver who was fired after testing positive for THC, which he claims resulted from using a hemp-based CBD product that the company advertised as having “0% THC”.
Trucker Douglas Horn alleges the positive test for THC resulted from using a CBD product marketed by Medical Marijuana, Inc. as containing “0% THC.” Horn initially filed the suit in 2015 under the Racketeer Influenced and Corrupt Organizations (RICO) Act, arguing that the company’s misleading advertising led him to use the product for pain relief.
A lower court ruled in favor of allowing Horn’s RICO lawsuit to move forward. However, Medical Marijuana, Inc. appealed the decision, prompting the Supreme Court’s involvement.
RICO statutes, typically used to target criminal enterprises, also permit civil actions in cases where a person claims damage to business or property. In this case, Horn contends that the wrongful termination resulted in the loss of wages, insurance, and pension benefits linked to his job, which the U.S. Court of Appeals for the Second Circuit recognized as a direct injury to his business interests under the RICO statute.
Separately, a federal judge has scheduled oral arguments in a landmark case that could eventually reach the US Supreme Court where multiple marijuana companies are challenging the US prohibition on marijuana.
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