Surprise 5-4 RICO decision from SCOTUS

An employee bought and used a purportedly THC-free tincture for his pain, but he tested positive for THC on a drug test, so he was fired from his job.

He sued the maker of the tincture under RICO.

Note that RICO won’t apply to a personal injury such as loss of employment.

But the US Supreme Court (5-4) says that a plaintiff may seek treble damages under RICO for “business or property” loss even if the loss resulted from a personal injury. Medical Marijuana, Inc. v. Horn (US Supreme Ct 04/02/2025) [PDF]

Three Justices dissented, saying his personal injury can’t be transformed into a business or property loss.

Justice Thomas would dismiss the writ of certiorari as improvidently granted.