Supreme Court rules in favor of truck driver fired after positive THC test

The U.S. Supreme Court ruled in favor of a truck driver fired after testing positive for THC and failing a drug test

Wednesday's ruling allows the driver to sue the manufacturer for not disclosing that their product contained the compound found in cannabis

Douglas Horn can bring federal racketeering charges against the company Medical Marijuana Incorporated

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

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

The court wrote, a plaintiff may seek treble damages for business or property loss even if the loss resulted from a personal injury

The company centered their argument on the word injury, saying it refers to harm

They believe Horn is arguing a personal injury rather than harm to a business

After an injury, Horn found a product in 2012 to help with his chronic pain

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

program as it will require him to admit to being a drug user. Horn suspected the medicine caused

the positive result, so he bought another bottle and sent it to a testing lab. The results show

THC was present in the medicine despite claiming to have zero percent. In their decision, the court

wrote the basis of Horn's argument, explaining he also asserted that medical marijuana's false

or misleading advertising satisfied the elements of mail and wire fraud and that those crimes

constituted a pattern of racketeering activity. A district court originally cited with medical

marijuana stating Rico can only be used when a person is injured by a business or property

However, an appeals court reversed the decision arguing Horn was injured in his business when he

lost his job. In the majority opinion, the justices stated that the RICO law has evolved

to include cases broader than originally intended, but believe Congress must ultimately address the

law moving forward. For Straight Arrow News, I'm Kaylee Carey. Find more fact-based news right now

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