Douglas Horn, a veteran New York state truck driver lost his job after using a Hemp CBD oil product. Horn said that the ad for this hemp oil wellness product claimed that it had a 0% concentration of tetrahydrocannabinol, commonly known as THC, the compound responsible for psychoactive effects. The ad stated that the company had imported the hemp product with 0.3% THC but processed it down to 0% THC.
“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,” Horn wrote in an August 2018 sworn affidavit filed in the New York state court.
Shortly after Horn made the purchase, he began ingesting the elixir, which constituted swallowing a dropper full of the liquid. On Oct. 9, 2012, he was summoned for a random DOT drug test. Two days later, he was informed that he had tested positive for a “marijuana metabolite” almost double the cutoff concentration limit.
On Oct. 11, he was fired. After his termination, Horn decided to test the content of the product himself. He ordered a second sample of the CBD oil and shipped it to a lab for testing but the lab declined to return it, saying it was illegal to return it because it contained THC.
At the time of his termination, Horn and his wife, who had driven as a team for 10 years, were earning about $200,000 annually together, according to court documents. Horn has attempted to get several jobs since his firing but has been denied due to his failed drug test.
