CBD Oil Lawsuit by Arrested Grandmother

Fldisneyfamily4321

DIS Veteran
Joined
Jan 29, 2018
Yeh ... ok Not all depts use the same tests .. the ones in some places in Florida are newer and extremely accurate, they send them off to a lab for more extensive results . I know my husband uses them daily and he has never had one come back false . I think some smaller areas just don’t have more updated equipment .. Orlando is a huge dept ( like our area) and has very high tech equipment compared to some areas . It does not really take a high tech test with THC though .. it’s very easy to detect and has very low failure rate for THC unlike some drugs like meth or cocaine because some people make that atva homemade lab .
THC is pretty straight forward .
What they did not say in that article ( because you should trust journalists always lol ) is the tests that show a false result on THC it’s because it was a product like spice a synthetic man made THC like product.
 
Last edited:

Fldisneyfamily4321

DIS Veteran
Joined
Jan 29, 2018
.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.
Because some people say “ prescribed “ but it’s actually a recommendation because of federal law . It does not matter how much THC is in it if it is a CBD made from THC and not hemp .
Maybe google Florida MMJ and it gives all of this information. It’s very simple .. if the CBD is made from a plant that was cultivated with THC you have to have a card in Florida . I get a recommendation that I can use at a dispensary to buy CBD & THC products.. I can not take it outside of Florida legally and you can’t bring it into Florida legally .
 
  • kdonnel

    DVC-BCV
    Joined
    Feb 1, 2001
    Maybe she did not know or realize she needed one since CBD oil appears to be legal in her home state of NC
    Ignorance of the law is not a defense.

    People get caught with guns all the time out of their home state and don’t realize they are violating laws in the state they are visiting.

    There are a lot of parallels between what steps people need to take when traveling with a gun and when traveling with CBD or THC.

    You are responsible for doing the research and finding out if the substance you use at home is legal where you are going and all along the path you will be taking.

    Just like gun owners that have been calling for national reciprocity of carry permits, we need national reciprocity for CBD and THC products. At the moment national reciprocity is even harder for CBD and especially THC since it is a schedule I drug, according to the federal government more dangerous then cocaine and meth.
     

    kdonnel

    DVC-BCV
    Joined
    Feb 1, 2001
    Yeh ... ok Not all depts use the same tests .. the ones in some places in Florida are newer and extremely accurate, they send them off to a lab for more extensive results . I know my husband uses them daily and he has never had one come back false . I think some smaller areas just don’t have more updated equipment .. Orlando is a huge dept ( like our area) and has very high tech equipment compared to some areas . It does not really take a high tech test with THC though .. it’s very easy to detect and has very low failure rate for THC unlike some drugs like meth or cocaine because some people make that atva homemade lab .
    THC is pretty straight forward .
    What they did not say in that article ( because you should trust journalists always lol ) is the tests that show a false result on THC it’s because it was a product like spice a synthetic man made THC like product.
    It doesn't matter what brand kit they use, they are all crap and put innocent people in jail.

    False positives equal false justice.

    https://www.cacj.org/documents/sf_crime_lab/studies__misc_materials/falsepositives.pdf
    https://www.cnn.com/2017/06/28/us/drug-test-drywall-positive-arrest-trnd/index.html
    https://www.nesglobal.net/use-of-field-tests-comes-into-question/
    https://www.westword.com/news/unreliable-marijuana-nik-field-tests-and-false-positive-for-meth-9449791
    http://www.fox5atlanta.com/news/i-team/innocent-georgians-jailed-over-false-positives-from-drug-field-test-kits
    https://www.nytimes.com/2016/07/10/magazine/how-a-2-roadside-drug-test-sends-innocent-people-to-jail.html

    Any questionable substance should be sent to a fixed lab for analysis. Not tested using a $2 kit read by someone who got a few hours training.
     

    Pea-n-Me

    DIS Veteran
    Joined
    Jul 18, 2004
    Ignorance of the law is not a defense.

    People get caught with guns all the time out of their home state and don’t realize they are violating laws in the state they are visiting.

    There are a lot of parallels between what steps people need to take when traveling with a gun and when traveling with CBD or THC.

    You are responsible for doing the research and finding out if the substance you use at home is legal where you are going and all along the path you will be taking.

    Just like gun owners that have been calling for national reciprocity of carry permits, we need national reciprocity for CBD and THC products. At the moment national reciprocity is even harder for CBD and especially THC since it is a schedule I drug, according to the federal government more dangerous then cocaine and meth.
    I agree, but then there's this:

    "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."


    She believed there was no THC in the CBD oil. Maybe the lawsuit will include the manufacturer of that particular product for false adverstising that caused this lady to get arrested.

    She may also have had friends or family that buy CBD oil in local FL stores since they do sell it there.

    Most people would probably be "ignorant of the law" in those confusing circumstances, too.

    That is probably why there is a lawsuit.
     

    kdonnel

    DVC-BCV
    Joined
    Feb 1, 2001
    I agree, but then there's this:

    "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."


    She believed there was no THC in the CBD oil. Maybe the lawsuit will include the manufacturer of that particular product for false adverstising that caused this lady to get arrested.

    She may also have had friends or family that buy CBD oil in local FL stores since they do sell it there.

    Most people would probably be "ignorant of the law" in those confusing circumstances, too.

    That is probably why there is a lawsuit.
    There are lots of examples where Federal and State laws are in conflict yet ignorance is still not a valid defense.

    This woman was lucky and had the charges dropped and was let go, had her skin been darker I do not believe she would have been so lucky.

    If she really wants to be an advocate for change she should focus her dollars and effort working with the Florida legislature not trying to lengthen her 15 minutes of fame and cash in on sympathy.

    Edited to add:
    If I were traveling I would do a little research.

    I was able to easily find this page
    https://cbdoilreview.org/cbd-cannabidiol/is-cbd-oil-legal-in-my-state/
    Which if everything on the page is accurate(I would attempt to corroborate the info from multiple sources), Florida is listed as an Amber state and would use that info to do further research.
     
    Last edited:
  • Pea-n-Me

    DIS Veteran
    Joined
    Jul 18, 2004
    There are lots of examples where Federal and State laws are in conflict yet ignorance is still not a valid defense.

    This woman was lucky and had the charges dropped and was let go, had her skin been darker I do not believe she would have been so lucky.

    If she really wants to be an advocate for change she should focus her dollars and effort working with the Florida legislature not trying to lengthen her 15 minutes of fame and cash in on sympathy.
    I guess we'll see how it plays out!
     
    Joined
    Oct 23, 2015
    To me age shouldn't be a qualifier in this. Does that make it worse if it's a person who is younger than grandmother age (FWIW the woman in question is 69)? No it shouldn't. If the person was 25 or 40 or 50 would it make it worse? No it shouldn't. But labeling someone as a great-grandmother gets sympathy points. It doesn't matter how long the woman has been planning her trip (speaking towards an earlier article), it doesn't matter that she considered a once-in-a-lifetme trip (speaking towards an earlier article).

    The charges were dropped I don't personally believe a lawsuit is needed. The woman in question should use this for information on the risks associated with traveling with substances such that we are talking about across state lines. There are many things that are at state level one thing, federal level another thing and in between. One would hope the woman who was using this substance should be reviewing just how to travel with it and rules surrounding it. Though I do hope manufacturing labels are accurate because that is something people put their trust on.
     

    Fldisneyfamily4321

    DIS Veteran
    Joined
    Jan 29, 2018
    Ignorance of the law is not a defense.

    People get caught with guns all the time out of their home state and don’t realize they are violating laws in the state they are visiting.

    There are a lot of parallels between what steps people need to take when traveling with a gun and when traveling with CBD or THC.

    You are responsible for doing the research and finding out if the substance you use at home is legal where you are going and all along the path you will be taking.

    Just like gun owners that have been calling for national reciprocity of carry permits, we need national reciprocity for CBD and THC products. At the moment national reciprocity is even harder for CBD and especially THC since it is a schedule I drug, according to the federal government more dangerous then cocaine and meth.
    Yes , they actually make you sign a paper saying you understand
    There are lots of examples where Federal and State laws are in conflict yet ignorance is still not a valid defense.

    This woman was lucky and had the charges dropped and was let go, had her skin been darker I do not believe she would have been so lucky.

    If she really wants to be an advocate for change she should focus her dollars and effort working with the Florida legislature not trying to lengthen her 15 minutes of fame and cash in on sympathy.

    Edited to add:
    If I were traveling I would do a little research.

    I was able to easily find this page
    https://cbdoilreview.org/cbd-cannabidiol/is-cbd-oil-legal-in-my-state/
    Which if everything on the page is accurate(I would attempt to corroborate the info from multiple sources), Florida is listed as an Amber state and would use that info to do further research.

    Oh please , do you know anything about training ? They do a 5 day class on this stuff .. and how do you expect anyone to be arrested for drugs if they are waiting for a “ lab “ that also makes mistakes ? That is ridiculous. The tests cost 40.00 .
    I think instead of using google articles maybe educate yourself by doing a ride along or a citizens academy class so you know what your talking about .. because frankly you don’t , tell me as a police officer how do you handle this scenario: you pull over a car for weaving and notice a crack pipe in the seat along with a bag of meth including a bag of meth in tiny baggies ready to sell .. how do you proceed? Do you let them go so they can sell the kid down the street some of that meth or do you use your training and 40.00 test to back up your suspicions because of your training and knowing what meth looks like ? Really .. let’s see how you do YOUR part in keeping drugs off your local streets .

    The fact you brought up race and if she had been “ darker “ is disgusting and shows your character . This had nothing to do with race .. you have a huge legal ( and obviously race ) chip on your shoulder.
     
    Last edited:

    luvsJack

    DIS Veteran
    Joined
    Apr 3, 2007
    I agree, but then there's this:

    "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."


    She believed there was no THC in the CBD oil. Maybe the lawsuit will include the manufacturer of that particular product for false adverstising that caused this lady to get arrested.

    She may also have had friends or family that buy CBD oil in local FL stores since they do sell it there.

    Most people would probably be "ignorant of the law" in those confusing circumstances, too.

    That is probably why there is a lawsuit.

    Why are they able to sell it if it’s not legal. Or maybe only in places people show their “recommendation” or whatever?

    Here it’s legal. You can buy it at the vape stores, I know. I don’t know where else as I don’t buy it.

    Lol can’t believe MY state is ahead of FL on this! We are usually the lady state to come up into the present world.
     
  • kdonnel

    DVC-BCV
    Joined
    Feb 1, 2001
    Yes , they actually make you sign a paper saying you understand




    Oh please , do you know anything about training ? They do a 5 day class on this stuff .. and how do you expect anyone to be arrested for drugs if they are waiting for a “ lab “ that also makes mistakes ? That is ridiculous. The tests cost 40.00 .
    I think instead of using google articles maybe educate yourself by doing a ride along or a citizens academy class so you know what your talking about .. because frankly you don’t , tell me as a police officer how do you handle this scenario: you pull over a car for weaving and notice a crack pipe in the seat along with a bag of meth including a bag of meth in tiny baggies ready to sell .. how do you proceed? Do you let them go so they can sell the kid down the street some of that meth or do you use your training and 40.00 test to back up your suspicions because of your training and knowing what meth looks like ? Really .. let’s see how you do YOUR part in keeping drugs off your local streets .

    The fact you brought up race and if she had been “ darker “ is disgusting and shows your character . This had nothing to do with race .. you have a huge legal ( and obviously race ) chip on your shoulder.
    Jumping to some serious conclusions.

    Road side drug tests have ruined too many lives to continue to be used.

    The war on drugs is a useless war that is just wasting tax payers money.

    To not believe that this white grandma was treated differently then a black grandma would have been treated is naive.

    Our criminal justice system is based on innocent until proven guilty. These field test kits and their extremely high false positive rate is creating a system of guilty until proven innocent. Thousands a year are arrested and spend days, weeks, or months in jail while their lives are ruined. Many give up and pled guilty just so they can get out or because they can not afford to fight. It needs to stop.
     
    Last edited:

    kdonnel

    DVC-BCV
    Joined
    Feb 1, 2001
    Why are they able to sell it if it’s not legal. Or maybe only in places people show their “recommendation” or whatever?

    Here it’s legal. You can buy it at the vape stores, I know. I don’t know where else as I don’t buy it.

    Lol can’t believe MY state is ahead of FL on this! We are usually the lady state to come up into the present world.
    Just because you can buy it in stores does not mean it is legal. There is much legal cloudiness around CBD oil because it can be derived from two different sources one maybe more legal then the other. There are collisions between federal and state laws. Interstate commerce laws come into play since anything that once sold can leave a state has been ruled as interstate commerce.

    It will be many years before the picture is clearer. Until then users must be extremely careful to minimize the risk.
     

    Pea-n-Me

    DIS Veteran
    Joined
    Jul 18, 2004
    Why are they able to sell it if it’s not legal. Or maybe only in places people show their “recommendation” or whatever?

    Here it’s legal. You can buy it at the vape stores, I know. I don’t know where else as I don’t buy it.

    Lol can’t believe MY state is ahead of FL on this! We are usually the lady state to come up into the present world.
    Idk.
     

    luvsJack

    DIS Veteran
    Joined
    Apr 3, 2007
    Just because you can buy it in stores does not mean it is legal. There is much legal cloudiness around CBD oil because it can be derived from two different sources one maybe more legal then the other. There are collisions between federal and state laws. Interstate commerce laws come into play since anything that once sold can leave a state has been ruled as interstate commerce.

    It will be many years before the picture is clearer. Until then users must be extremely careful to minimize the risk.
    I get the rest of it and why the cloudiness but the selling of it in stores and it not be legal is crazy. How does that not make the store just a “drug” dealer?
     

    Lehuaann

    aloha nui loa
    Joined
    Mar 13, 2008
    I guess this won’t be popular, but I felt sorry for her when I read several days ago, and still feel sorry for her.

    69 years old, arrested, charged with a felony, trespassed from Disney property, spent 12 hours in jail, and had to pay a $2000 bond over a murky/illegal arthritis oil authorized by her doctor.

    I can’t even begin to imagine how terrified and humiliated she was.

    Travon Martin’s attorney, Ben Crump, is now representing her.

    Orange County Sheriff John Mina responds:
    http://www.fox35orlando.com/news/local-news/woman-threatens-lawsuit-over-cbd-oil-arrest

    Our priorities are more dangerous drugs than that,” Mina said.

    Mina says his deputies are now encouraged to contact someone on their legal team before making a CBD arrest. "Because of the confusion surrounding CBD, deputies are encouraged to consult on-call Narcotics or Legal prior to effectuating an arrest or seizing CBD."

    He also says he’d like the department have better field tests for drugs.

    “We do have field kits that test for THC but it seems like they’re not very reliable,” Mina explained.
     

    luvsJack

    DIS Veteran
    Joined
    Apr 3, 2007
    I guess this won’t be popular, but I felt sorry for her when I read several days ago, and still feel sorry for her.

    69 years old, arrested, charged with a felony, trespassed from Disney property, spent 12 hours in jail, and had to pay a $2000 bond over a murky/illegal arthritis oil authorized by her doctor.

    I can’t even begin to imagine how terrified and humiliated she was.

    Travon Martin’s attorney, Ben Crump, is now representing her.

    Orange County Sheriff John Mina responds:
    http://www.fox35orlando.com/news/local-news/woman-threatens-lawsuit-over-cbd-oil-arrest

    Our priorities are more dangerous drugs than that,” Mina said.

    Mina says his deputies are now encouraged to contact someone on their legal team before making a CBD arrest. "Because of the confusion surrounding CBD, deputies are encouraged to consult on-call Narcotics or Legal prior to effectuating an arrest or seizing CBD."

    He also says he’d like the department have better field tests for drugs.

    “We do have field kits that test for THC but it seems like they’re not very reliable,” Mina explained.
    So from the Sheriff, it sounds like there is an awful lot of confusion over whether this woman or anyone should be arrested over CBD. And he is admitting that the field test isn’t reliable.

    So we have a non drug that may or may not have had trace amounts of THC. And a woman held for 12 hours, paid $2000 and the charges were dropped.

    If he knows the field test wasn’t reliable was the bottle of oil retested at some point?
     



    Connect

    Disney News and Updates

    Get Daily Email Updates


    Top