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The U.S. Supreme Court ruled in favor of a truck driver fired after testing positive for THC and failing a drug test
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Wednesday's ruling allows the driver to sue the manufacturer for not disclosing that their product contained the compound found in cannabis
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Douglas Horn can bring federal racketeering charges against the company Medical Marijuana Incorporated
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The justices handed down a 5-4 decision potentially opening the door for individuals to sue a company under the Racketeer Influenced and Corrupt Organizations Act, also known as RICO
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Typically used in organized crime, cases like drug trafficking, murder, or extortion, this case could now allow a customer to sue a business or property
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The court wrote, a plaintiff may seek treble damages for business or property loss even if the loss resulted from a personal injury
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The company centered their argument on the word injury, saying it refers to harm
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They believe Horn is arguing a personal injury rather than harm to a business
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After an injury, Horn found a product in 2012 to help with his chronic pain
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Medical marijuana advertised Dixie X claiming it was a THC CBD medicine Court documents show Horn was chosen for a random drug test by his company After THC was detected in his system he was later terminated for refusing to enter a substance abuse
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program as it will require him to admit to being a drug user. Horn suspected the medicine caused
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the positive result, so he bought another bottle and sent it to a testing lab. The results show
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THC was present in the medicine despite claiming to have zero percent. In their decision, the court
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wrote the basis of Horn's argument, explaining he also asserted that medical marijuana's false
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or misleading advertising satisfied the elements of mail and wire fraud and that those crimes
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constituted a pattern of racketeering activity. A district court originally cited with medical
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marijuana stating Rico can only be used when a person is injured by a business or property
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However, an appeals court reversed the decision arguing Horn was injured in his business when he
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lost his job. In the majority opinion, the justices stated that the RICO law has evolved
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to include cases broader than originally intended, but believe Congress must ultimately address the
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law moving forward. For Straight Arrow News, I'm Kaylee Carey. Find more fact-based news right now
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on the Straight Arrow News mobile app
