Supreme Court Splits Over Trucker Fired for Accidental CBD Use, RICO Lawsuit – Medical Marijuana (OTC:MJNA)

The US Supreme Court is dealing with a complex case involving a former truck driver. Douglas Hornwho claims he was wrongfully fired after a failed drug test that he attributes to a “CBD-rich drug.”

Horn is suing under the Racketeer Influenced and Corrupt Organizations (RICO) Act, a law designed to combat organized crime, and is seeking treble damages for what he describes as business or property damage.

The court was divided during Tuesday’s arguments. According to CNN, some of the conservative justices appeared to have reservations about moving forward with Horn’s case, fearing it could lead to a surge in RICO lawsuits for routine personal injuries.

justice Brett Kavanaugh Chief Justice called Horn’s legal theory a “radical shift” in the way tort claims are handled in the United States John Roberts also expressed concerns about the broader implications of the case and the justice system Clarence Thomas said, “Medical marijuana didn’t get you fired.”

Conversely, the Court’s liberal justices, led by Justice Elena Kaganargued that Horn had actually suffered business loss. Kagan pointed out that under the RICO Act, losing one’s job could be viewed as harm to one’s business. “If you were injured in your business, which includes your employment, you are entitled to treble damages,” Kagan said, according to the New York Times.

justice Ketanji Brown Jackson agreed. “He doesn’t claim that the product made him sick. He doesn’t say he was personally hurt. He didn’t even know he had ingested THC until he was tested and discharged.”

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Horn’s legal journey began in 2012 after he tried a CBD product called “Dixie X” that he believed did not contain THC, the psychoactive ingredient in cannabis. After failing a drug test, Horn was fired. He then sued the companies behind the CBD product, including Medical Marijuana Inc. MJNADixie Holdings and Red Dice Holdings, which alleged they engaged in a scheme of extortion carried out by a company that included mail and wire fraud.

A federal district court initially ruled against Horn, but the 2nd U.S. Circuit Court of Appeals allowed his suit to proceed.

Medical Marijuana and the other companies argue that Horn’s injury constituted personal injury and not business or property damage as required under RICO. They said a ruling in Horn’s favor would dramatically expand the scope of civil RICO lawsuits and turn what they called a “garden product liability case” into something much larger.

A decision is expected next year.

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Photo: Courtesy of SCOTUS Tours and Information