CBD Oil Lawsuit by Arrested Grandmother

kdonnel

DVC-BCV
Joined
Feb 1, 2001
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?
It doesn't matter if there was THC or there wasn't. (But field tests should be stopped!).

At the moment CBD is illegal under Florida law. There was a federal law passed and signed by President Trump that made CBD derived from hemp and hemp legal. States are struggling to catchup. CBD is not the only product that falls into the category. Marijuana itself is legal in many states but is still illegal at the Federal level. At any moment the Federal government could step in and arrest all users, distributors, and growers in each of the states that has legalized marijuana. It would be a giant states right fight in the courts.

As I said before anyone using CBD or THC products should research the legality of their own state and the legality of any state they visit or travel through. The user is ultimately responsible for knowing the law and acting accordingly.
 

kdonnel

DVC-BCV
Joined
Feb 1, 2001
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?
At this point in some states it does.

More murkiness comes when local law enforcement decides not to enforce laws they find unjust. It happens currently with some immigration laws, some gun laws, some drug laws, etc....
 
  • smiths02

    DIS Veteran
    Joined
    Feb 13, 2009
    I live in Florida and the store I work at SELLS Cbd oil, so I figured it was legal. I honestly didn't know until I read about her arrest that it wasn't legal because it is sold everywhere.
    I want to give this old 70 year woman the benefit of the doubt, that she didn't know either. I can only imagine the embarrassment she went through, plus the hassle of an 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.
    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.
    Again, ignorance of the law is not a valid excuse, but understandable in this case. The law is murky. Those factors and the cost of prosecuting this woman are probably why charges were dropped. She was held for 12 hours. I have heard no reports that she was mistreated while in custody or suffered a serious health complication. I'm pretty sure the bond is returned if charges are dropped. What compensation should she really get?

    As stated before, it would probably have been preferable if the CBD oil was just confiscated and the situation explained to the woman, but apparently that is not how it was handled.

    I also have to wonder why she chose to bring it to the park? I mean it is not a lifesaving medication. My MIL takes pain medication and brought it with her on vacation but didn't bring it into the park.

    Also, her age and great-grandmother status have little to do with this. She is 69, not 99. She is not demented, she has arthritis.
     

    ronandannette

    I gave myself this tag and I "Like" myself too!
    Joined
    May 4, 2006
    I won't click on any links here, but from what I have heard I hope she wins.
    Would you be willing to explain why?
    She broke the law, and the charges were dropped. On what grounds should she win?
    They’ve named Disney in the lawsuit. Why on God’s good earth do you think they owe her a payday? :sad2:
     

    DisLiss

    Mouseketeer
    Joined
    May 2, 2018
    It has always annoyed me how laws that change from one state to the next. Sometimes you just don't think of every law you need to research before going on vacation. And yes, I get why states like that they can make their own laws, but it can be confusing for people at times.
     

    luvsJack

    DIS Veteran
    Joined
    Apr 3, 2007
    It doesn't matter if there was THC or there wasn't. (But field tests should be stopped!).

    At the moment CBD is illegal under Florida law. There was a federal law passed and signed by President Trump that made CBD derived from hemp and hemp legal. States are struggling to catchup. CBD is not the only product that falls into the category. Marijuana itself is legal in many states but is still illegal at the Federal level. At any moment the Federal government could step in and arrest all users, distributors, and growers in each of the states that has legalized marijuana. It would be a giant states right fight in the courts.

    As I said before anyone using CBD or THC products should research the legality of their own state and the legality of any state they visit or travel through. The user is ultimately responsible for knowing the law and acting accordingly.
    Well, it certainly sounds like the Sheriff himself is questioning whether there was THC in the product so if its illegal either way, why would he have an question about the field test? Why even do the field test? The man stated that they will be changing the way these things are done so it sounds like the law itself is very murky and that law enforcement is not clear on how it should be handled. This woman's lawsuit may change that and I, for one, say good for her and her lawyer.

    Marijuana is a whole different ballgame. I think it should be legal federally but CBD should not now nor ever be classified as a drug.
     
  • luvsJack

    DIS Veteran
    Joined
    Apr 3, 2007
    They’ve named Disney in the lawsuit. Why on God’s good earth do you think they owe her a payday? :sad2:
    Because Disney is the one that took her oil and called the Sheriff's office. I mean, I don't know if they owe her anything but that's why they are named in the lawsuit.
     

    luvsJack

    DIS Veteran
    Joined
    Apr 3, 2007
    Again, ignorance of the law is not a valid excuse, but understandable in this case. The law is murky. Those factors and the cost of prosecuting this woman are probably why charges were dropped. She was held for 12 hours. I have heard no reports that she was mistreated while in custody or suffered a serious health complication. I'm pretty sure the bond is returned if charges are dropped. What compensation should she really get?

    As stated before, it would probably have been preferable if the CBD oil was just confiscated and the situation explained to the woman, but apparently that is not how it was handled.

    I also have to wonder why she chose to bring it to the park? I mean it is not a lifesaving medication. My MIL takes pain medication and brought it with her on vacation but didn't bring it into the park.

    Also, her age and great-grandmother status have little to do with this. She is 69, not 99. She is not demented, she has arthritis.
    Ever been held for 12 hours in jail?

    I haven't but I can't imagine that it would be anything less than traumatic for someone that has never been arrested.
     

    smiths02

    DIS Veteran
    Joined
    Feb 13, 2009
    Ever been held for 12 hours in jail?

    I haven't but I can't imagine that it would be anything less than traumatic for someone that has never been arrested.
    No, I've never done anything that I could be arrested for, either.
    It may not be pleasant, but there is no report that she was violated.
    I think the word "traumatic" is WAY overused.
    She wasn't hurt or abused (as far as I've heard). She knew she wasn't going to rot in jail over CBD oil, bond would be relatively quick.
     

    Hikergirl

    DIS Veteran
    Joined
    Feb 28, 2016
    But did she? The Sheriff’s office doesn’t seem to be too clear on that.
    Are they not clear? From what I read they are.
    Where have you read them saying they don't know if she broke any laws?

    Her charges were dropped, that should be the end of her story.
    But it isn't. She wants some big payday. She was arrested and detained because she committed a felony in the state of FL. (At least that is what everything I have read says, if you have read differently please link.)

    There is no other reason to name Disney in the lawsuit besides hoping they will settle to avoid the bad PR. They didn't arrest her, they didn't detain her. They did what they were supposed to do when someone is doing something illegal.
     
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  • luvsJack

    DIS Veteran
    Joined
    Apr 3, 2007
    No, I've never done anything that I could be arrested for, either.
    It may not be pleasant, but there is no report that she was violated.
    I think the word "traumatic" is WAY overused.
    She wasn't hurt or abused (as far as I've heard). She knew she wasn't going to rot in jail over CBD oil, bond would be relatively quick.
    Is it really fair to judge how she felt when you haven't been there yourself?

    When you have lived to 69 without ever being arrested or having a run in with the law at all and suddenly you are being treated like a criminal and charged with a felony; I think traumatic fits pretty well. You don't have to be physically hurt or abused to be traumatized.
     

    luvsJack

    DIS Veteran
    Joined
    Apr 3, 2007
    Are they not clear? From what I read they are.
    Where have you read them saying they don't know if she broke any laws?

    Her charges were dropped, that should be the end of her story.
    But it isn't- because she wants some big payday. There is no other reason to name Disney in the lawsuit besides hoping they will settle to avoid the bad PR.
    The charges were dropped. Soooo. . . if she broke the law, why were they dropped? And the Sheriff has said they will change how these things are handled. Seems to be a lot of confusion.

    Why is everyone here always so against any kind of lawsuit? And there is reason to name Disney, they started the whole thing.
     

    Hikergirl

    DIS Veteran
    Joined
    Feb 28, 2016
    The charges were dropped. Soooo. . . if she broke the law, why were they dropped? And the Sheriff has said they will change how these things are handled. Seems to be a lot of confusion.

    Why is everyone here always so against any kind of lawsuit? And there is reason to name Disney, they started the whole thing.
    Oh come on you know very well that charges being dropped does not equal you not breaking the law.
    You know darn well that it means they have agreed not to pursue the case. That could be for a number of reasons.
    There is either a law or there isn't- it isn't complicated or confusing.

    I'm against lawsuits that have no merit, I'm against lawsuits when it's clear someone is looking for fortune.
    Her charges were dropped, she went on with her life. She doesn't deserve a cent, especially from Disney.

    Let me ask you this- do you want Disney to not involve the police when they suspect someone is doing something illegal on their property?
     

    kdonnel

    DVC-BCV
    Joined
    Feb 1, 2001
    The charges were dropped. Soooo. . . if she broke the law, why were they dropped? And the Sheriff has said they will change how these things are handled.
    People that are guilty have charge dropped all the time.

    Just because the DA decided it was not worth pursing the case does not mean the arrest was unjust.

    The Sheriff is doing what I said, he is selectively deciding not to enforce a law in the future. That also happens all the time.
     

    BrianL

    Doom Buggy Driver
    Joined
    Jul 24, 2013
    While I may think it's a bit ridiculous that FL state law hasn't caught up with such things, Disney security and law enforcement personnel acted in accordance with the law. The DA also made the right move by dropping the charges in this case as it really is a trivial matter. Either way though, the woman broke the law by possessing the substance, the arrest was proper and appropriate, and the lawsuit has no merit. That's my opinion.
     

    luvsJack

    DIS Veteran
    Joined
    Apr 3, 2007
    Oh come on you know very well that charges being dropped does not equal you not breaking the law.
    You know darn well that it means they have agreed not to pursue the case. That could be for a number of reasons.
    There is either a law or there isn't- it isn't complicated or confusing.

    I'm against lawsuits that have no merit, I'm against lawsuits when it's clear someone is looking for fortune.
    Her charges were dropped, she went on with her life. She doesn't deserve a cent, especially from Disney.

    Let me ask you this- do you want Disney to not involve the police when they suspect someone is doing something illegal on their property?
    What exactly were they protecting their guests from with this woman? yes, involve the police when its necessary. It wasn't necessary.

    Again, in FL CBD oil is supposed to be illegal whether THC is present or not. And yet, a field test was done and changes are hoped to be made with these field tests. Why? If it doesn't matter if THC is present, why test it? Why call in other LEO departments if the law is crystal clear? Its not always a matter of there is a law or there isn't.
     
    Joined
    Oct 23, 2015
    It has always annoyed me how laws that change from one state to the next. Sometimes you just don't think of every law you need to research before going on vacation. And yes, I get why states like that they can make their own laws, but it can be confusing for people at times.
    Aside from your states comment CBD is something that you should be well aware of if you choose to take it that it is still not legal in every state. We're not talking about some law from 1846 that no one even knows about. We're talking about something that is quite well known these days just like legal marijuana. I've heard from many responsible users who understand the rules because they understand what they are using. Perhaps this is a person who doesn't fully understand what she is taking when she should.

    It's not about knowing every law...
     
    Joined
    Oct 23, 2015
    Is it really fair to judge how she felt when you haven't been there yourself?

    When you have lived to 69 without ever being arrested or having a run in with the law at all and suddenly you are being treated like a criminal and charged with a felony; I think traumatic fits pretty well. You don't have to be physically hurt or abused to be traumatized.
    You sound like a defense attorney lol (I joke).
     
    Joined
    Oct 23, 2015
    The charges were dropped. Soooo. . . if she broke the law, why were they dropped? And the Sheriff has said they will change how these things are handled. Seems to be a lot of confusion.

    Why is everyone here always so against any kind of lawsuit? And there is reason to name Disney, they started the whole thing.
    I know you know that charges get dropped all the time and that does not equal the person's innocence. The person can be innocent but it is not the absolute in why charges are dropped all the time.
     

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