- Jul 18, 2004
It is confusing.I'm a little fuzzy regarding this story.
Florida police do the security inspections? Disney security didn't have to go and call the police specifically to arrest her?
FYI, CBD oil is illegal in Florida until July 1st.
Ok, here's how it went down. (And hence the confusion.)
"A great-grandmother from North Carolina spent 12 hours in a Florida jail after she was arrested during a family trip to Disney World for having medical marijuana.
Hester Jordan Burkhalter, 69, was booked on a state felony charge of possession of cannabis concentrates after her prescription CBD oil was tested by Orange County Sheriff’s deputies for THC, WOFL-TV reported.
In Florida, it is illegal to possess any amount of THC, or tetrahydrocannabinol, which is the chemical in marijuana that produces the effect of ‘getting high.’
But Burkhalter, a resident of Hildebran, North Carolina, was prescribed a CBD oil that claimed to not have any THC.
She says she and her family saved up money for two years for their trip to Walt Disney World in Orlando.
Burkhalter says that when the family reached the checkpoint at the entrance to the theme park, she had her belongings searched.
A security guard found the CBD oil and alerted a sheriff’s deputy, who arranged to have the oil tested.
When the tests showed traces of THC, Burkhalter was arrested. She spent 12 hours in jail before she was released on $2,000 bond.
‘I have really bad arthritis in my legs, in my arms and in my shoulder,’ she said.
‘I use (CBD oil) for the pain because it helps.’
Burkhalter says she was shocked by her arrest.
‘I’ve never had one speeding ticket in my life.’
The sheriff’s office insists that the deputy was simply following the law when the arrest was made.
When WOFL-TV made inquiries to the district attorney’s office, prosecutors decided to drop all charges.
Burkhalter's CBD oil prescription (above) claims to have no THC content, but Orange County Sheriff's deputies tested the oil and alleged that there were traces of THC."
So it sounds like the THC part of the CBD oil was a big part of the problem since her arrest didn't happen until that showed up upon testing. Maybe they look the other way seeing this Hemp Bill is forthcoming, but have to draw the line with the THC component??
Anyway, the rest of the story, because it's interesting and something I'm sure we're going to be hearing a lot more about....
"Last year, Congress removed hemp and extracts such as CBD from the federal list of illegal drugs.
CBD has become extremely popular because of its purported medicinal qualities while not producing the psychoactive 'high' that is associated with traditional marijuana.
It is sold in candy, coffee, bathing products, and other items.
Federal law allows Americans to possess CBD so long as the THC content does not exceed 0.3 per cent, according to The New York Times.
Burkhalter was jailed because states like Florida have not adjusted their laws in accordance with the federal statute, which means that Americans can be arrested in certain states for doing something that is legal nationwide.
This has contributed to the confusion on the local level when it comes to enforcement of laws related to CBD and marijuana.
THE DIFFERENCES BETWEEN THC AND CBD
Tetrahydrocannabinol (THC) and cannabidiol (CBD) are both derived from the cannabis plant.
Together, they are part of the cannabinoid group of compounds found in hashish, hash oil, and most strains of marijuana.
THC is the psychoactive compound responsible for the euphoric, 'high' feeling often associated with marijuana.
THC interacts with CB1 receptors in the central nervous system and brain and creates the sensations of euphoria and anxiety.
CBD does not fit these receptors well, and actually decreases the effects of THC, and is not psychoactive.
CBD is thought to help reduce anxiety and inflammation.
New York state officials told food growers and processors in mid-December that they had the state’s blessing to produce and sell tea and chocolates laced with CBD.
But since then, New York City health inspectors have seized thousands of dollars worth of CBD-infused food and drinks at the Fat Cat Kitchen and other local cafes and restaurants, and warned owners to stop selling them or face penalties. The crackdown came just weeks after federal law explicitly made CBD legal across the country.
The New York City crackdown highlights the inconsistencies that have emerged in federal, state and local rules governing CBD, bewildering the small but growing number of businesses selling edibles in New York and other states.
'I’m trying to be compliant with the law, but no one seems to be fully aware of what the law is and isn’t,' said C.J. Holm, the owner of the Fat Cat Kitchen, which touts CBD coffee and cookies on a sidewalk chalkboard.
Consumer interest in CBD tinctures, topical creams and edibles has grown in recent years in step with the piecemeal legalization of marijuana, which is now permitted as either a medical or recreational drug in 33 states while still banned by the federal government.
In 2018, U.S. consumers spent an estimated $300million on CBD food and drinks, according to a report by Cowen Washington Research Group.
The Coca-Cola Company and other food giants have expressed interest in the sector.
The 2018 Farm Bill, enacted in December, was intended in part to clear up the legal status of CBD by legalizing cannabis extracts derived from strains of the plant, known as hemp, that contain very low concentrations of THC, the main psychoactive compound in marijuana.
But the law also created new confusion for businesses wanting to sell CBD food or drink.
For some, it is impossible to follow one set of regulations without being in breach of another."