Man Fired for Failing Drug Test after Ingesting CBD Elixir is Fighting Back in Court
New York resident Douglas Horn has been driving big rig trucks with his wife for over a decade and the couple haul in around $200,000 a year logging long miles behind the wheel.
All that time on the road can take its toll on a driver’s body and the aches and pains from years of commercial driving had Horn searching for solutions that may offer him some relief without compromising his career.
Prescription painkillers and 18-wheelers don’t mix too well, but one day while perusing a High Times magazine in a truck stop gas station (For the ads! Only for the ads, he swears!), Horn came across what he construed to be an endorsement for a hemp-derived tincture that claimed to be THC-free, a crucial selling point for an oft-pisstested dude like him.
Convinced by his haphazard research that this particular brand – Dixie Elixirs - would be the one to dull or heal his inflamed pieces and parts, Horn was finally sold when the company made a claim that though their source hemp material does contain up to 0.3% THC, their refinement process strips it all out leaving behind only the non-psychoactive (and non-drug-tested…so far) healing CBD compound.
Horn purchased a bottle containing 500mg of CBD-infused fluid and proceeded to take it as instructed by the manufacturer.
Soon after, he was called in to piss in the cup – a regular trespass on his sovereign rights as an American and as a human being that he had become complacent to.
With no concerns in mind, he did as he was told and went about his day. Two days later he was told that his sample came back hot, nearly double the allowable limit for the prohibited THC metabolite.
“As an over-the-road trucker, subject to regular and random drug-test screenings, I was acutely aware that in addition to the prohibition from smoking marijuana, I could not take any product with THC in it,” says Horn these days as he continues to fight what he feels was a wrongful termination way back in 2012.
So is Horn suing the trucking company for that wrongful termination?
No, he’s going after Dixie Elixirs – the manufacturer who, it seems, failed to provide an accurately dosed product leading to Horn’s job loss.
Dixie, of course, claims that the 2012 article in High Times that initially hooked Horn was never intended to be an ad, or to make specific claims about health care.
Curious, Horn ordered a second bottle of the same product from Dixie and sent it by mail to a lab for testing. Let’s just say, the lab refused to put the remaining fluid back in the mail due to the high THC content it had.
Dixie is shipping it anywhere they can find a valid credit card.
The case has not had a trial date set yet but could create an important precedent in these uncharted aspects of the industry.
Seven years ago, cannabis was the wild west coast to coast and hemp was an afterthought. But even today, with federal hemp prohibition a thing of the past, hemp-based products – especially those touting CBD – face almost zero regulation from federal or state governments so recourse for the consumer is hard to come by. Maybe Mr. Horn can help to change that.