Trucker Fired Over CBD Oil? Supreme Court Opens Door for Lost Wage Lawsuit
The trucking industry is heavily regulated, and for good reason. Safety is paramount, and that includes ensuring drivers are not impaired while operating commercial vehicles. With the rise in popularity of CBD oil, many truckers have turned to it for its purported health benefits. However, the intersection of CBD oil use and federal drug testing regulations has created a legal gray area, leading to job loss and, now, a potential avenue for recourse.
The CBD Oil Conundrum for Truckers
CBD, or cannabidiol, is a compound extracted from hemp plants. Unlike THC (tetrahydrocannabinol), the psychoactive component of marijuana, CBD is non-intoxicating. Many truck drivers use CBD oil to manage chronic pain, sleeplessness, anxiety, and other common ailments. The 2018 Farm Bill legalized hemp-derived CBD products with a THC concentration of 0.3% or less at the federal level.
However, the Department of Transportation (DOT) maintains a strict zero-tolerance policy for marijuana use among commercial drivers. This policy doesn’t distinguish between THC derived from marijuana and THC potentially present in CBD products. Since CBD products are not closely regulated by the FDA, there’s a risk that they may contain more than the legal limit of 0.3% THC, leading to a positive drug test. Even if a product claims to have “0% THC,” this may not always be accurate.
A positive DOT drug test for marijuana can have severe consequences for a truck driver, including immediate termination and difficulty finding future employment. Even in states where medical or recreational marijuana is legal, federal regulations take precedence for CDL holders.
Supreme Court Sides with Trucker in Landmark Case
In a recent landmark decision, the U.S. Supreme Court sided with a truck driver, Douglas Horn, who was fired after testing positive for THC. Horn had been using a CBD product called Dixie X, which was advertised as having “0.00 THC,” to manage chronic pain from a trucking accident in 2012. After testing positive, he was terminated. Lab tests later revealed that the Dixie X CBD oil contained THC levels exceeding the federal limit.
Horn sued Medical Marijuana Inc., the company that made Dixie X, alleging that they falsely advertised their product and that his termination cost him current and future wages and his insurance and pension benefits. He sued under the Racketeer Influenced and Corrupt Organizations (RICO) Act, claiming mail and wire fraud through deceptive advertising.
The Supreme Court’s decision, in Medical Marijuana Inc. v. Horn, wasn’t about cannabis law, but rather about the scope of RICO. The court had to decide whether the economic harm Horn suffered (lost wages) as a result of a personal injury (unknowingly ingesting THC) could be subject to a RICO claim. The court ultimately ruled 5-4 in favor of Horn, opening the door for him to seek triple damages from the company under the RICO Act. The court held that a litigant may file a RICO action even if the loss resulted from a personal injury.
What This Means for Truckers and Lost Wage Lawsuits
This Supreme Court decision has significant implications for truck drivers who have been fired after using CBD oil and testing positive for THC. It suggests that they may have grounds to sue the CBD product manufacturers for lost wages and other economic damages under the RICO Act.
To succeed in a RICO lawsuit, a truck driver would need to demonstrate that the CBD manufacturer engaged in a pattern of racketeering activity, such as mail or wire fraud, by falsely advertising their products. They would also need to prove that this activity directly caused their economic harm (i.e., their job loss).
Key Considerations for Truckers:
- Product Labeling: Carefully examine the labels of CBD products and look for independent lab testing results to verify THC content.
- Product Source: Purchase CBD products from reputable manufacturers who are transparent about their sourcing and testing practices.
- State Laws: Be aware of varying state laws regarding CBD and THC, especially when crossing state lines. Some states ban all hemp-based products, regardless of THC content.
- Company Policies: Understand your company’s policies on CBD use, as some companies may have stricter rules than federal regulations.
- Legal Consultation: If you’ve been fired after testing positive for THC following CBD use, consult with an attorney to explore your legal options.
Navigating the Legal Landscape
The Supreme Court’s decision in Medical Marijuana Inc. v. Horn provides a potential legal avenue for truck drivers who have lost their jobs due to CBD use. However, it’s important to remember that each case is unique and will depend on the specific facts and circumstances.
Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. If you have been affected by the issues discussed in this blog, it is essential to seek legal counsel.