{"id":74738,"date":"2024-04-29T07:17:41","date_gmt":"2024-04-29T15:17:41","guid":{"rendered":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/2024\/04\/29\/u-s-supreme-court-takes-up-case-of-trucker-fired-over-thc-test-he-says-was-caused-by-cbd-product\/"},"modified":"2024-04-29T12:45:40","modified_gmt":"2024-04-29T20:45:40","slug":"u-s-supreme-court-takes-up-case-of-trucker-fired-over-thc-test-he-says-was-caused-by-cbd-product","status":"publish","type":"post","link":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/2024\/04\/29\/u-s-supreme-court-takes-up-case-of-trucker-fired-over-thc-test-he-says-was-caused-by-cbd-product\/","title":{"rendered":"U.S. Supreme Court Takes Up Case Of Trucker Fired Over THC Test He Says Was Caused By CBD Product"},"content":{"rendered":"<\/p>\n<p>The U.S. Supreme Court has agreed to hear a case involving a trucker who sued a cannabis company after he was fired over a positive THC test that he says was caused by consuming a hemp-derived CBD product.<\/p>\n<p>Douglas Horn filed a lawsuit against the business, Medical Marijuana, Inc., in 2015 under the Racketeer Influenced and Corrupt Organizations (RICO) Act. He alleged that the company falsely advertised the product as having \u201c0% THC,\u201d which is why he decided to try it for pain management.<\/p>\n<p>A lower court sided with Horn and allowed the RICO suit to proceed, but the business appealed the ruling with the Supreme Court. Justices agreed to take up the case on Monday.<\/p>\n<p>While RICO cases are generally associated with large-scale prosecutions of criminal organizations, the statute can be applied in civil matters as well. In this instance, Horn <a href=\"https:\/\/www.supremecourt.gov\/search.aspx?filename=\/docket\/docketfiles\/html\/public\/23-365.html\" target=\"_blank\" rel=\"noopener\">claims<\/a> to have been \u201cinjured in his business or property\u201d because his employment was terminated due to the positive THC test. He alleges that Medical Marijuana, Inc. committed mail and wire fraud.<\/p>\n<p>Horn\u2019s \u201ctermination cost him current and future wages and his insurance and pension benefits\u2013all of which were tied to his employment,\u201d the U.S. Court of Appeals for the Second Circuit said. And that injury falls under the plain meaning of the word \u201cbusiness\u201d in the RICO statute.<\/p>\n<p>In a separate case that was settled in January, the Drug Enforcement Administration (DEA) rehired and is providing back pay to a <a href=\"https:\/\/www.marijuanamoment.net\/dea-rehires-agent-fired-over-positive-drug-test-from-cbd-agreeing-to-provide-back-pay-in-lawsuit-settlement\/\" target=\"_blank\" rel=\"noopener\">special agent who was fired after testing positive for THC that he attributed to CBD<\/a> he was taking as an opioid alternative for chronic pain, with the agency reaching an agreement in a lawsuit challenging the termination.<\/p>\n<p>Meanwhile, the legal <a href=\"https:\/\/www.marijuanamoment.net\/supreme-court-weighs-case-challenging-federal-gun-ban-for-marijuana-users-congressional-researchers-report-in-legal-brief\/\" target=\"_blank\" rel=\"noopener\">question over the constitutionality of a federal gun ban for people who use marijuana<\/a> is also before the U.S. Supreme Court, where justices are expected to decide whether they will hear an appeal of a circuit court ruling that found the restriction violates the Second Amendment.<\/p>\n<blockquote class=\"wp-embedded-content\" data-secret=\"1iNinuDILm\">\n<p><a href=\"https:\/\/www.marijuanamoment.net\/feds-announce-plan-to-fund-research-on-using-psychedelics-to-treat-chronic-pain-in-older-adults\/\" target=\"_blank\" rel=\"nofollow noopener\">Feds Announce Plan To Fund Research On Using Psychedelics To Treat Chronic Pain In Older Adults<\/a><\/p>\n<\/blockquote>\n<p \/>\n<p><em>Photo elements courtesy of <a href=\"https:\/\/unsplash.com\/photos\/wHlaFa4H3DQ\" target=\"_blank\" rel=\"noopener\">rawpixel<\/a> and <a href=\"https:\/\/www.flickr.com\/photos\/schattenraum\/16043513285\/\" target=\"_blank\" rel=\"noopener\">Philip Steffan<\/a>.<\/em><\/p>\n<p>The post <a href=\"https:\/\/www.marijuanamoment.net\/u-s-supreme-court-takes-up-case-of-trucker-fired-over-thc-test-he-says-was-caused-by-cbd-product\/\" target=\"_blank\" rel=\"nofollow noopener\">U.S. Supreme Court Takes Up Case Of Trucker Fired Over THC Test He Says Was Caused By CBD Product<\/a> appeared first on <a href=\"https:\/\/www.marijuanamoment.net\" target=\"_blank\" rel=\"nofollow noopener\">Marijuana Moment<\/a>.<\/p>\n<p>&#013;<br \/>\n&#013;<br \/>\nRead More: <a href=\"https:\/\/www.marijuanamoment.net\/u-s-supreme-court-takes-up-case-of-trucker-fired-over-thc-test-he-says-was-caused-by-cbd-product\/\" target=\"_blank\" rel=\"nofollow noopener\">U.S. Supreme Court Takes Up Case Of Trucker Fired Over THC Test He Says Was Caused By CBD Product<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<p>The U.S. Supreme Court has agreed to hear a case involving a trucker who sued a cannabis company after he was fired over a positive THC test that he says was caused by consuming a hemp-derived CBD product. Douglas Horn filed a lawsuit against the business, Medical Marijuana, Inc., in<span class=\"more-link\"><a href=\"https:\/\/cannabiscultivatornews.com\/home\/index.php\/2024\/04\/29\/u-s-supreme-court-takes-up-case-of-trucker-fired-over-thc-test-he-says-was-caused-by-cbd-product\/\">Continue Reading<\/a><\/span><\/p>\n","protected":false},"author":458,"featured_media":0,"comment_status":"false","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[18,81],"tags":[],"_links":{"self":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts\/74738"}],"collection":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/users\/458"}],"replies":[{"embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/comments?post=74738"}],"version-history":[{"count":1,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts\/74738\/revisions"}],"predecessor-version":[{"id":74739,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts\/74738\/revisions\/74739"}],"wp:attachment":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/media?parent=74738"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/categories?post=74738"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/tags?post=74738"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}