Fired for CBD? Truck Driver’s Supreme Court Case Could Change Personal Injury Law

Imagine losing your job because of a product you believed was safe and legal. For many truck drivers, this nightmare scenario is a real possibility due to the complex and often conflicting laws surrounding CBD use. In fact, a recent report indicates that marijuana-related violations constitute a significant portion of drug violations reported by truck drivers, with 60% attributed to marijuana use. Now, a Supreme Court case involving a truck driver fired for using a CBD product may change how personal injury law addresses such situations, potentially opening new avenues for legal recourse.

The CBD Conundrum for Truck Drivers

The use of CBD products has become increasingly popular, with many individuals turning to them for potential health benefits like pain management, anxiety relief, and improved sleep. However, for truck drivers, the decision to use CBD is fraught with risk. While CBD derived from hemp with a THC concentration of 0.3% or less is federally legal, the Department of Transportation (DOT) has a zero-tolerance policy for marijuana use among safety-sensitive employees, including truck drivers.

This creates a significant problem:

Misleading Labeling: The Food and Drug Administration (FDA) doesn’t regulate CBD products, leading to inconsistent labeling and the potential for products to contain more THC than advertised.
THC Accumulation: Even low levels of THC in CBD products can accumulate in the body over time, leading to a positive drug test.
Zero Tolerance: The DOT does not distinguish between THC derived from marijuana and THC from CBD products. A positive drug test for THC, regardless of the source, can result in the loss of a commercial driver’s license (CDL) and termination of employment.

The Douglas Horn Case: A Potential Game Changer

The case of Douglas Horn, a truck driver who was fired after testing positive for THC due to a CBD product, has brought the issue to the forefront. Horn used a CBD product, “Dixie X,” which was advertised as THC-free, to manage chronic pain from a previous accident. After testing positive for THC, he was fired. He then sued Medical Marijuana Inc., the maker of Dixie X, alleging that the company’s false advertising led to his job loss and financial harm.

The central legal question was whether Horn could sue the manufacturers of Dixie X under the Racketeer Influenced and Corrupt Organizations Act (RICO). This act, originally designed to combat organized crime, allows individuals harmed in their business or property by racketeering activity to seek triple damages. The Supreme Court heard arguments in October 2024.

On April 2, 2025, the Supreme Court sided with Horn, ruling that he could seek triple damages from the company under RICO. The court’s decision hinged on the interpretation of “injury to business or property.” Justice Amy Coney Barrett, writing for the majority, stated that a plaintiff could seek damages for business or property loss regardless of whether the loss resulted from a personal injury. This ruling has potentially broadened the scope of legal recourse available to drivers who suffer economic harm due to misleading product claims.

Implications for Personal Injury Law

The Supreme Court’s decision in the Horn case could have significant implications for personal injury law:

Expanded Liability: CBD manufacturers may face increased liability for false advertising if their products cause truck drivers to fail drug tests and lose their jobs.
New Avenues for Lawsuits: Truck drivers who have been fired for using mislabeled CBD products may have grounds to sue for lost wages, benefits, and other economic damages under RICO.
Increased Scrutiny of CBD Products: The ruling may lead to increased scrutiny of CBD product labeling and manufacturing processes, potentially prompting calls for greater regulation.

Advice for Truck Drivers and Motor Carriers

Given the legal complexities and potential risks, truck drivers and motor carriers should exercise caution when it comes to CBD use:

For Truck Drivers:

Avoid CBD Products: The safest course of action is to avoid using CBD products altogether due to the risk of mislabeling and potential for a positive drug test.
Research Products Carefully: If you choose to use CBD, research products thoroughly and only purchase from reputable manufacturers that provide third-party lab testing results.
Understand the Risks: Be aware that even CBD products labeled as THC-free may contain trace amounts of THC that could trigger a positive drug test.
Know Your Rights: If you are fired for testing positive for THC after using a CBD product, consult with an attorney to explore your legal options.

For Motor Carriers:

Develop Clear Policies: Implement clear and comprehensive policies regarding CBD use, informing drivers of the risks and potential consequences.
Educate Drivers: Provide drivers with education and training on the DOT’s drug testing regulations and the potential dangers of using CBD products.
Review Insurance Coverage: Assess your insurance coverage to determine whether it covers potential liabilities arising from driver CBD use.

The Future of CBD and Trucking

The legal landscape surrounding CBD and trucking is constantly evolving. While the Supreme Court’s decision in the Horn case offers some hope for drivers who have been unfairly penalized for using mislabeled products, many uncertainties remain. It is crucial for truck drivers and motor carriers to stay informed about the latest developments in this area and to take proactive steps to protect their rights and interests.

The Horn case serves as a stark reminder of the potential consequences of using unregulated CBD products. As the legal battle continues, it underscores the need for greater clarity and consistency in the laws governing CBD use, particularly for safety-sensitive professions like truck driving.