CBD Oil Lawsuit by Arrested Grandmother

Pea-n-Me

DIS Veteran
Joined
Jul 18, 2004
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.
It is confusing.

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."


https://www.dailymail.co.uk/news/article-7003425/Woman-69-jailed-12-hours-Disney-World-security-guards-medical-marijuana.html

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."
 

Cannot_Wait_4Disney

Ok all you A cattle, get in ...
Joined
May 18, 2005

luvsJack

DIS Veteran
Joined
Apr 3, 2007
I don't know how I feel about the lawsuit but the whole incident as a whole is ridiculous. I mean seriously? A great-grandmother with CBD oil for her pain? This is our "war against drugs"? Waste of resources, officer's time, court system and gas in the patrol car!

If the CBD oil that she had was supposed to be THC free and wasn't, then someone somewhere needs to be held accountable. If the CBD oil is retested and found that the sheriff's office messed up, then her lawsuit against them, at least, is valid.

Doesn't look to me like the lawyer is in need to making a name for himself, he has been legal counsel in some pretty high profile cases.

CBD oil can do so much for so many people and it is absolutely the most ridiculous thing that anyone would be treated this way over having it for a legitimate reason and having a prescription for it! But like the pp said, she could have walked around with opioids all day long. Now tell me, which one is more dangerous?
 
  • kdonnel

    DVC-BCV
    Joined
    Feb 1, 2001
    If the CBD oil that she had was supposed to be THC free and wasn't, then someone somewhere needs to be held accountable. If the CBD oil is retested and found that the sheriff's office messed up, then her lawsuit against them, at least, is valid.
    Field drug tests are coming under fire for often being wrong and ruining lives but in this case it doesn’t matter. CBD oil by itself without a prescription is against the law in Florida. The law might be stupid but the arrest was still valid on that point alone.

    A side note:
    There is no such thing as THC free CBD oil. CBD oil can contain up to .03% THC. There is still THC in hemp plants, just extremely low concentrations.
     

    luvsJack

    DIS Veteran
    Joined
    Apr 3, 2007
    Field drug tests are coming under fire for often being wrong and ruining lives but in this case it doesn’t matter. CBD oil by itself without a prescription is against the law in Florida. The law might be stupid but the arrest was still valid on that point alone.

    A side note:
    There is no such thing as THC free CBD oil. CBD oil can contain up to .03% THC. There is still THC in hemp plants, just extremely low concentrations.
    She had a prescription. So that would take care of the validity of the arrest.

    It is relatively impossible to get a positive drug test from CBD oil. That is fact.

    .03% and the woman goes to jail? You don't see the ridiculousness in this? And it was still a complete waste of time and resources and the law suit will continue that waste.
     

    kdonnel

    DVC-BCV
    Joined
    Feb 1, 2001
    She had a prescription. So that would take care of the validity of the arrest.

    It is relatively impossible to get a positive drug test from CBD oil. That is fact.

    .03% and the woman goes to jail? You don't see the ridiculousness in this? And it was still a complete waste of time and resources and the law suit will continue that waste.
    Did she have a prescription? The stories I have read said she did not.

    I agree it is ridiculous but that does not make it an unjust arrest.

    I believe the lawsuit is just as ridiculous as the arrest.

    You would be surprised how easy it is to get field drug tests to read positive when there are no drugs present in the sample being tested.

    Field drug tests should be illegal.
     
  • luvsJack

    DIS Veteran
    Joined
    Apr 3, 2007
    Did she have a prescription? The stories I have read said she did not.

    I agree it is ridiculous but that does not make it an unjust arrest.

    I believe the lawsuit is just as ridiculous as the arrest.

    You would be surprised how easy it is to get field drug tests to read positive when there are no drugs present in the sample being tested.

    Field drug tests should be illegal.
    Some articles say she had one and others say "on doctor's recommendation". And the amount of THC it tested for was "minute". Considering the small amount, its not even the same as what is in the amount of marijuana one can have and not get arrested.

    I don't know that the lawsuit is ridiculous. Maybe it will spur Florida into making a change in the laws.
     

    kaytieeldr

    Post hoc, ergo propter hoc
    Joined
    Jun 11, 2005
    But Burkhalter, a resident of Hildebran, North Carolina, was prescribed a CBD oil that claimed to not have any THC.
    She had a prescription. So that would take care of the validity of the arrest.
    The article linked in the first post said she was taking it on the recommendation of her doctor, that she didn't have a prescription.
    It is relatively impossible to get a positive drug test from CBD oil. That is fact.
    She wasn't tested, the drug was.
    And the amount of THC it tested for was "minute".
    I've read "small amount", nothing about minute.
     

    amberpi

    DIS Veteran
    Joined
    Jul 13, 2012
    I’m really appreciative of this thread. I’m going to get a prescription before our upcoming trip to Florida. My doc has suggested I actually smoke weed (I don’t smoke and I don’t like the effect of being high) to get my weight back up so the cbd prescription will be no problem. I’m now wondering if my pills have trace amounts of thc. The dispensary says they don’t have thc in their products but now I’m wondering. Like I said though, I’ve passed drug screens while using cbd so I’m not too worried. That law is pretty nuts though because again, I have 3 current prescriptions at the drug store right now. I always refuse them as I can manage (most days) my pain in a healthier way. It’s much more expensive using cbd than those scripts would be. How crazy is that? It’s more expensive and I can legally walk around high as a kite, but I would be breaking the law for using a product that does not impair me.
     

    amberpi

    DIS Veteran
    Joined
    Jul 13, 2012
    While I’m not up to speed on weed prices, I’m betting it’s cheaper than cbd too.
     
  • Fldisneyfamily4321

    DIS Veteran
    Joined
    Jan 29, 2018
    She had a prescription. So that would take care of the validity of the arrest.

    It is relatively impossible to get a positive drug test from CBD oil. That is fact.

    .03% and the woman goes to jail? You don't see the ridiculousness in this? And it was still a complete waste of time and resources and the law suit will continue that waste.
    The Rx is not valid in Florida where you need a MMJ card to possess anything that is THC derived . If you live in Florida and have a MMJ you can have it legally and she was from out of state .
     

    Pea-n-Me

    DIS Veteran
    Joined
    Jul 18, 2004
    The article linked in the first post said she was taking it on the recommendation of her doctor, that she didn't have a prescription.

    She wasn't tested, the drug was.

    I've read "small amount", nothing about minute.
    I think the issue of a "prescription" is confusing, too. Why would anyone need a prescription when you can walk in off the street to buy it? (And of course, she wouldn't actually have the prescription on her, anyway, which someone else brought up.) My guess, though, is what it really means is that the use was sanctioned, or recommended by her doctor(s). For that, they can easily refer to her medial record. I think the press just got the issue of "prescription" wrong. Maybe it's because the grandmother said "It was prescribed" or something like that. Idk.
     

    Fldisneyfamily4321

    DIS Veteran
    Joined
    Jan 29, 2018
    Did she have a prescription? The stories I have read said she did not.

    I agree it is ridiculous but that does not make it an unjust arrest.

    I believe the lawsuit is just as ridiculous as the arrest.

    You would be surprised how easy it is to get field drug tests to read positive when there are no drugs present in the sample being tested.

    Field drug tests should be illegal.
    The newer ones are pretty accurate, I have tested several of my products and the test was 100% accurate.
     

    Fldisneyfamily4321

    DIS Veteran
    Joined
    Jan 29, 2018
    I think the issue of a "prescription" is confusing, too. Why would anyone need a prescription when you can walk in off the street to buy it? (And of course, she wouldn't actually have the prescription on her, anyway, which someone else brought up.) My guess, though, is what it really means is that the use was sanctioned, or recommended by her doctor(s). For that, they can easily refer to her medial record. I think the press just got the issue of "prescription" wrong. Maybe it's because the grandmother said "It was prescribed" or something like that. Idk.
    It’s called a “ recommendation “ and you get those when you have a MMJ card for your state , she did not have one for Florida making it illegal so that is where the issue comes in .. if they found mine all they could do was say “ you can’t bring that in “ but they couldn’t arrest .
     

    Pea-n-Me

    DIS Veteran
    Joined
    Jul 18, 2004
    It’s called a “ recommendation “ and you get those when you have a MMJ card for your state , she did not have one for Florida making it illegal so that is where the issue comes in .. if they found mine all they could do was say “ you can’t bring that in “ but they couldn’t arrest .
    Maybe she did not know or realize she needed one since CBD oil appears to be legal in her home state of NC, it was sanctioned by her doctor, and she believed it didn't contain THC. But I am just saying that it will also be noted in her medical records if it was recommended as a treatment, which would presumably help her case, especially given that many laws appear to be ambiguous. It will be interesting to see what happens with the lawsuit.
     

    luvsJack

    DIS Veteran
    Joined
    Apr 3, 2007
    The article linked in the first post said she was taking it on the recommendation of her doctor, that she didn't have a prescription.

    She wasn't tested, the drug was.

    I've read "small amount", nothing about minute.
    .3% is a pretty small amount.

    I realize she wasn’t tested. Just saying it’s such a small amount it doesn’t show up on drug tests. And it’s not a drug.

    Some articles have said prescribed.
     



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