Supreme Court Sides with Trucker in Historic Case Against CBD Manufacturer — But Drivers, the Risk Still Falls on You
- willrothconsulting
- 5 days ago
- 3 min read
In a groundbreaking ruling, the U.S. Supreme Court has sided with a former commercial truck driver, Douglas Horn, in his lawsuit against Medical Marijuana Inc., the vendor of a mislabeled CBD product that led to his failed DOT drug test and termination. The ruling now allows Horn to pursue his case under the Racketeer Influenced and Corrupt Organizations Act (RICO)—a law typically used against organized crime—which opens the door to triple damages and significant penalties for the CBD manufacturer.
But while this is a major legal victory, let’s be very clear: a DOT positive drug test is still a positive drug test—regardless of whether it came from a mislabeled CBD product.
What Happened?
In 2012, Douglas Horn was suffering from chronic pain after a trucking accident. Seeking relief, he turned to “Dixie X,” a CBD tincture sold by Medical Marijuana Inc., after reading the product label, browsing the company’s FAQ, and even contacting their customer service line—all of which assured him the product contained no THC.
Despite his caution, a random drug test by his employer later revealed THC in his system, which he believed came from the CBD product. After his employer required him to enter a substance abuse program, Horn refused, arguing that participation would imply guilt for using drugs.
He was terminated and took a second bottle of the product to a lab, which confirmed it contained THC. The lab refused to return the sample, citing potential federal violations due to the THC content.
Horn’s legal battle climbed all the way to the U.S. Supreme Court. The key issue? Whether he could sue under RICO for economic damages tied to his employment—not personal injury. The Court ruled yes—giving Horn the green light to sue for triple damages and attorney’s fees under the federal statute.
What This Means for CDL Drivers
While this is a major moment in legal history, it does not erase the fact that Horn still has a positive drug test on record. He must still complete the SAP Return-to-Duty (RTD) process before resuming work in a safety-sensitive position.
DOT's Position on CBD Remains Clear: "Buyer beware. A positive drug test is a positive drug test."
CBD products are not regulated by the FDA, and many contain far more than the federally allowed 0.3% THC—despite what their labels claim. Some even falsely state “THC-Free,” which has led many drivers to unknowingly test positive for marijuana.
What Employers and SAPs Should Do Next
This case should serve as a wake-up call to both CBD manufacturers and transportation professionals:
Drivers: Avoid CBD products altogether if you’re in a DOT-regulated position. The risk is simply not worth it.
Employers/DERs: Educate your employees about the risks and clarify your company’s policy on CBD use.
SAPs: Expect more clients to claim they “only used CBD.” In these cases, it’s important to contact the MRO and request quantitation levels to assess the likelihood of higher THC use. The MRO's number will be listed on the result form as required by DOT.
Takeaway
Horn’s case made history—but it did not change the law for drivers. The Supreme Court ruling allows him to pursue justice against the manufacturer—but not to undo the consequences of his failed test.
As long as THC remains part of DOT’s drug testing panel, CBD use will continue to be a high-risk decision for CDL holders. Until there is consistent regulation and accurate labeling, the best protection for drivers is caution and education.
Helpful Links:
Overdrive Article: Supreme Court Sides with Trucker Against CBD Vendor Supreme Court sides with fired trucker against CBD vendor | Overdrive
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