SCOTUS Case Involving Cannabis Fraud Highlights the Illogic of Federal Drug Testing Mandates

A trucker lost his job because he tested positive for marijuana after consuming a supposedly THC-free CBD tincture.

Last week, the U.S. Supreme Court examined a case involving Douglas Horn, a trucker who was terminated from his job after testing positive for THC, despite using a CBD tincture that was marketed as being completely devoid of the psychoactive component. Horn filed a lawsuit against the manufacturers and marketers of the tincture under the Racketeer Influenced and Corrupt Organizations (RICO) Act, claiming that he suffered "injuries to his business or property due to" the defendants' mail and wire fraud.

The case of Medical Marijuana Inc. v. Horn centers on whether Horn's financial losses align with the statutory language, as determined by the U.S. Court of Appeals for the 2nd Circuit last year. The case also underscores the weak scientific foundation of the federally mandated drug test that Horn failed, highlighting the persistent clash between state and federal marijuana regulations.