Medical Marijuana, Inc. v. Horn
Issues
Do economic harms, such as losing employment, qualify as injury to “business or property” under the Racketeer Influenced and Corrupt Organizations Act, if those harms stem from personal injuries, such as ingesting an unwanted drug?
This case asks the Supreme Court to decide whether economic harms resulting from personal injuries are injuries to “business or property” for the purposes of the Racketeer Influenced and Corrupt Organizations Act (“RICO”). Commercial truck driver Horn ingested Dixie X to alleviate his back pain, after learning from the sellers that it contained no THC, even though it did. After testing positive for THC in a random drug test from his employer, Horn was fired. He then sued the sellers for injury to his business under RICO. Medical Marijuana, Inc. argues that ingestion of an unwanted substance like THC is a personal injury, and that economic damages from such an injury do not turn it into an injury to “business or property.” Horn claims that losing his job because of Medical Marijuana’s alleged fraud is an injury to “business or property.” This case has significant implications for the rights of human trafficking victims, the cost of doing business in consumer products, and the vitality of the hemp industry.
Questions as Framed for the Court by the Parties
Whether economic harms resulting from personal injuries are injuries to “business or property by reason of” the defendant’s acts for purposes of a civil treble-damages action under the Racketeer Influenced and Corrupt Organizations Act.
Respondent, Douglas Horn, was a commercial truck driver for fourteen years before the event leading to this case occurred. Brief for Respondent, Horn at 3–4. In February 2012, he was involved in a trucking accident in which he sustained injuries to his shoulder and back.
Additional Resources
- Jimmy Hoover, Justices Will Eye Reach of Civil RICO Law in Medical Marijuana Case, The National Law Journal (Apr. 29, 2024).
- John Kingston, Supreme Court to Hear Case of Truck Driver Who Failed CBD-Related Drug Test, FreightWaves (Sept. 10, 2024).