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Supreme Court to hear case of truck driver who failed drug test after taking CBD product

Discussion in 'Truckers News' started by Getsinyourblood, Oct 15, 2024.

  1. Oct 15, 2024 #1
    Getsinyourblood

    Getsinyourblood Road Train Member

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    Retired. North Texas
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    WASHINGTON (Gray DC) - On Tuesday, the Supreme Court will hear arguments in the case of a former truck driver who sued a CBD company after taking a CBD product and failing a drug test.

    In 2012, the driver, Douglas Horn took the CBD product to alleviate chronic pain. In the brief filed on his behalf, he claims the product was advertised as containing no THC, which his employer tested for in random drug tests. But Horn, who said he never used marijuana, failed the drug test, and that ended costing him his job.

    Horn ordered more of the CBD product and sent it to a lab for testing. According to Horn’s brief, the lab did find THC in the product, so Horn sued the company under the RICO Act - the Racketeer Influenced and Corrupt Organizations Act.

    Supreme Court to hear case of truck driver who failed drug test after taking CBD product
     
    Getsinyourblood, Oct 15, 2024
    Getsinyourblood, Oct 15, 2024
    #1
    Flat Earth Trucker, broke down plumber and Concorde Thank this.
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  3. Oct 15, 2024 #2
    skallagrime

    skallagrime Road Train Member

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    What a shock, what you need to bear in mind is that the active reason cbd tends to actually work is the thc content, so if it says 0 thc and also says it works then one of those claims is a lie
     
    skallagrime, Oct 15, 2024
    skallagrime, Oct 15, 2024
    #2
    Flat Earth Trucker, broke down plumber, drvrtech77 and 3 others Thank this.
  4. Oct 15, 2024 #3
    kemosabi49

    kemosabi49 Trucker Forum STAFF Staff Member

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    I think CBD products are allowed to contain 0.3 % thc, which shouldn't show up on a UA. But there is no oversight on this so the CBD marketers don't worry about the actual content and many products are a lot higher in thc.
     
    kemosabi49, Oct 15, 2024
    kemosabi49, Oct 15, 2024
    #3
    Iamoverit, RockinChair, Flat Earth Trucker and 2 others Thank this.
  5. Oct 15, 2024 #4
    Opus

    Opus Road Train Member

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    It'd be awful hard to prove that you DON'T smoke weed too
     
    Opus, Oct 15, 2024
    Opus, Oct 15, 2024
    #4
    Oxbow and Concorde Thank this.
  7. Oct 15, 2024 #5
    FearTheCorn

    FearTheCorn Medium Load Member

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    Omaha
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    I question the intelligence of this driver. Why would you even fart around with CBD, THC, Mary Jane Products, ETC, when you know DOT rides our ### about this? I think I remember reading an article about this dude and, I am not making this up, he asked the kid behind the counter if he would test positive on a drug test and the expert chemist selling him his stuff said no, apparently. What your personal beliefs about using cannabis products is, if you want to keep your CDL, stay away from that stuff.
     
    FearTheCorn, Oct 15, 2024
    FearTheCorn, Oct 15, 2024
    #5
    RockinChair and TheLoadOut Thank this.
  8. Oct 15, 2024 #6
    RockinChair

    RockinChair Road Train Member

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    Not necessarily. If the man has a demonstrated history of taking and passing drug tests, plus no history of drug-related arrests or having reasonable-suspicion drug tests administered, it would be reasonable to conclude that he is not a MJ user.
     
    Last edited: Oct 15, 2024
    Reason for edit: corrected a typo
    RockinChair, Oct 15, 2024
    RockinChair, Oct 15, 2024
    #6
    Iamoverit Thanks this.
  9. Oct 16, 2024 #7
    Iamoverit

    Iamoverit Road Train Member

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    Apparently, it's getting moved to the Schedule III category soon so maybe nonsense like this will finally end.
     
    Iamoverit, Oct 16, 2024
    Iamoverit, Oct 16, 2024
    #7
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