This educational guide is based on the linked primary sources. It is not a Court publication, is not affiliated with the Court, and is not legal advice.
In brief
Overview
Horn later lost his job after a random drug test showed THC, which he said came from an over‑the‑counter product.
The majority held that “damage” has a specialized legal meaning referring to monetary redress and that the statute permits a plaintiff to recover triple the amount of damages to make him whole.
Justice Thomas (dissent): The phrase “injured in his business or property” does not preclude recovery for all economic harms and the Second Circuit’s judgment should be affirmed and the case remanded.
Justice Kavanaugh (dissent): Antitrust laws exclude such claims and RICO does not authorize personal‑injury suits.
Background and question before the Court
Horn later lost his job after a random drug test revealed tetrahydrocannabinol (THC) in his system; he asserted the THC came from ingesting an over‑the‑counter product.
Horn's lost employment derived from a personal injury (ingesting THC), the court reasoned.
What each side argues
Medical Marijuana
Medical Marijuana argued that Horn’s lost wages are merely “damages” that derive from a personal injury and therefore are not recoverable under civil RICO.
According to Medical Marijuana, medical Marijuana conceded that some harms to business or property are actionable under civil RICO, but asserted that not all economic harms, such as certain lost wages, should be treated as injuries to business or property.
Medical Marijuana maintained that a plaintiff can bring a civil RICO suit only if a legally protected right in his business or property is invaded.
What happened at oral argument
What the Court decided
The majority held that “damage” has a specialized legal meaning referring to monetary redress and that the statute permits a plaintiff to recover triple the amount of damages to make him whole.
Justice Thomas (dissent): The phrase “injured in his business or property” does not preclude recovery for all economic harms and the Second Circuit’s judgment should be affirmed and the case remanded.
Justice Thomas (dissent): The majority misunderstands Medical Marijuana’s position.
Justice Kavanaugh (dissent): Antitrust laws exclude damages to business or property from personal injuries from being treated as distinct business injuries in antitrust suits.
Justice Kavanaugh (dissent): RICO does not authorize personal‑injury suits at all.
Why it matters
Terms to know
- damage
- A specialized legal meaning referring to monetary redress; the statute allows a plaintiff to recover triple the amount of damages to make him whole.
Primary sources
Read the source materials on the official site or open the immutable repository copy used for this guide.
- 261a1678a4149350a00f-r1-f0ea5f7f316e00ac.pdfopinion
- 8b8282ceb4918259c465-r1-c09b1bc266873688.pdforal argument transcript
Guide generated September 27, 2026. Automated validation accepted this version.