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Supreme Court to hear case of truck driver allegedly dismissed due to CBD elixir usage

On Monday, the Supreme Court decided to take on the situation of a former commercial truck driver who was dismissed for a failed drug test, alleged to be triggered by a CBD elixir claiming to have no THC, the active component in cannabis.

SymClub
May 1, 2024
2 min read
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The U.S. Supreme Court building is seen in Washington, U.S., August 31, 2023.
The U.S. Supreme Court building is seen in Washington, U.S., August 31, 2023.

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Supreme Court to hear case of truck driver allegedly dismissed due to CBD elixir usage

For over a decade, Douglas Horn worked as a trucker. After a severe accident, he stumbled upon an ad for a new CBD-infused product called "Dixie X," touted to have no THC. Horn gave the product a try in 2012, but found himself failing a drug test a few weeks later. The man declared that he had never touched marijuana.

In 2015, Horn decided to sue in the Western District of New York, claiming that Medical Marijuana, Inc. and other companies associated with the creation and distribution of Dixie X had infringed upon the Controlled Substances Act and perpetrated mail and wire fraud.

The case at hand concerns whether Horn was allowed to file this lawsuit under the Racketeer Influenced and Corrupt Organizations Act. This law enables civil actions in certain instances and permits plaintiffs to request treble damages.

The 2nd US Circuit Court of Appeals approved this lawsuit. Medical Marijuana, Inc. challenged the Supreme Court in October, arguing that RICO never foresaw "routine product liability" cases. If Horn is allowed to proceed, the company stresses that it would significantly widen the scope of civil RICO claims.

The RICO Act – passed by President Richard Nixon in 1970 – was designed to empower prosecutors in their pursuit of organized crime families’ leaders. Many states also have their own versions of the law. This particular version of the law is being utilized in the Fulton County election subversion case against ex-President Donald Trump.

The federal RICO Act sanctions privately initiated actions by individuals who have incurred harm to "business or property" in specific situations. However, several federal appeals courts have decided that civil suits cannot be filed based on injury claims.

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Source: edition.cnn.com

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