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Supreme Court to hear case involving trucker fired for failed drug test after using CBD product

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The Supreme Court has agreed to hear a case involving a trucker who was fired after testing positive for drug use after he consumed a CBD product.

On Monday, April 29, the Supreme Court announced that it would hear a case involving commercial truck driver Douglas J. Horn against Medical Marijuana, Inc., along with other companies, USA Today reports.

In 2012, following an accident left him with ongoing pain, Horn consumed a product called Dixie X that was advertised as a “CBD-rich medicine” that did not contain THC, the active component in marijuana.

After taking Dixie X, Horn tested positive for drug use and was fired from his job.

In 2015, Horn filed suit over lost earnings in the Western District of New York against companies associated with Dixie X for violations of the Controlled Substances Act as well as mail and wire fraud. The lawsuit was filed under New York State laws as well as the Racketeer Influenced and Corrupt Organizations Act (RICO), which allows litigants to seek triple the damages.

Though the RICO Act is usually used in cases involving organized crime, it can be used as a basis for civil suits in some circumstances.

After a court ruled that RICO did not apply to personal injury cases, Horn appealed, and the  2nd US Circuit Court of Appeals sided with Horn.

Following this decision, Medical Marijuana, Inc. appealed to the Supreme Court in October 2023, arguing that allowing for their case to be tried under RICO could greatly increase the number of “civil” RICO suits.

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