The U.S. Supreme Court is hearing RICO arguments in the case of a truck driver fired for failing a drug test

The U.S. Supreme Court heard arguments on Tuesday over whether a truck driver who was fired for failing a drug test after using a CBD wellness product should sue the manufacturer under the Racketeer Influenced and Corrupt Organizations Act (RICO ) can sue New York Times Reports. Under RICO provisions, plaintiffs must prove injury to “business or property,” and truck driver Douglas Horn claims his business was harmed by the product Dixie X, which was advertised as THC-free in High Times magazine.

Horn sued Medical Marijuana Inc., Dixie Holdings and Red Dice Holdings under RICO, alleging that the companies engaged in a pattern of extortion conducted through a company that included mail and wire fraud. Under RICO, courts can award plaintiffs treble damages if they prove that the defendant’s racketeering activities caused him harm to his business or property. The Supreme Court has previously ruled that this sentence excludes personal injury.

A federal judge has ruled that Horn’s injury was personal and not a “business or property injury.” During the argument, Judge Ketanji Brown disagreed with Jackson and said Horn was not claiming he became ill because of the product.”

“He doesn’t say he was personally hurt. “He didn’t even know he had ingested THC until he was tested and released.” — Brown via the Times

Judge Clarence Thomas seemed to think Horn couldn’t handle the strain under Rico, saying, “Medical marijuana didn’t get you fired.”

The court’s decision is expected to come in June or July.

Get the latest cannabis industry news every day. Subscribe

Ganjapreneur is made possible by our partners: