CBD Oil Lawsuit by Arrested Grandmother

Discussion in 'Community Board' started by Magical2017, May 14, 2019.

  1. amberpi

    amberpi DIS Veteran

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    I think the confusion is that it's federally legal but some states have more restrictive local laws (that are dumb as hell, but the law). Lots of people would hear that it's given a federal pass and think it's settled.

    The thing I keep thinking about is what a stupid, ignorant waste of tax payers money this incident caused. Were they out of real crime in FL that day? If so, maybe send some officers to help with TN's meth/opioid problem.
     
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  2. luvsJack

    luvsJack DIS Veteran

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    By the way, the arresting officer can decide to drop charges before it ever goes to the DA.
     
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  4. smiths02

    smiths02 DIS Veteran

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    But the bar for false arrest is "probable cause" not that she was guilty or charged with a crime.
    Disney and LEO had probable cause to believe that she had CBD oil which is a felony in FL. They would want to test it because if it had THC, that would be a bigger issue.

    Going forward, the Sheriff is changing things probably because going forward (as of July 1st), just CBD without THC won't be a felony in FL, so the testing will be the crucial part to determine if a law has been broken.
     
  5. luvsJack

    luvsJack DIS Veteran

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    I get that. I also get that many times charges are dropped because an arrest should not be made. Since they haven't told us why they dropped them, we can only guess.
     
  6. Mackenzie Click-Mickelson

    Mackenzie Click-Mickelson DIS Veteran

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    No I get that and it's a good point. It's still your responsibility in taking a substance such as CBD or you take the risk in something happening. Is the woman taking this without fully understanding the rules around it? I should hope not, that sounds like a disaster waiting to happen. 5, 10,15+ years from now this may be NBD but right now as it's still early in the legality days it's very important that someone taking a substance such that we're talking about understand the responsibility in doing so. That includes "does this state allow me to have it on my person".

    And furthermore understanding Disney's rules behind it. Their verbage doesn't include CBD their verbage does include marijuana. Even if the state allows for marijuana for instance, Disney could still say "nope" so long as the law allowed that. The ramifications of it if it was only Disney who was saying no would however not be a chance of arrest (so long as the person was cooperating). I know CA allows for marijuana though you're supposed to use it at your private residences IIRC but Disneyland does not allow marijuana in their parks.
     
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  7. Hikergirl

    Hikergirl DIS Veteran

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    So you are saying it is illegal to possess? If yes then full stop.

    We will just have to agree to disagree with your last sentence.
    I have no issue with people working to change existing laws but I do have issues with people who just don't like the laws or think it's ok to not abide by them because they don't agree with them.
    Well scratch that- you can not abide by them if you don't agree with them but then don't sue when you face the consequences of those actions.
     
    Last edited: May 15, 2019 at 11:23 AM
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  8. Mackenzie Click-Mickelson

    Mackenzie Click-Mickelson DIS Veteran

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    In the original story, which can be found if you go to the linked one in the OP (there's a link for it) it said "According to state law, any CBD is illegal in the state of Florida unless you have a prescription. Prosecutors later dropped the charges against Burkhalter, but the Orange County Sheriff’s Office said its deputy was following the law."

    My local news ran the story and said "The sheriff's office said in an emailed statement that the arrest was lawful. Disney said in an emailed statement the incident was a law enforcement matter. Prosecutors dropped a drug charge against Burkhalter, saying it wasn't suitable for prosecution."
     
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  9. smiths02

    smiths02 DIS Veteran

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    She admits she had CBD oil. From sources I can gather: Possession of CBD oil, even with no THC, is a felony in Florida. The law will change on July 1 when a bill that Gov. Ron DeSantis is expected to sign will go into effect.

    Maybe there is discretion that could have been used from the great-grandmother, Disney, and the Sheriff's office that would have been a better for all parties involved. However, by what I have gathered, she was arrested without incident and spent a total of 12 hours in custody without being treated poorly. I don't think that is a traumatic consequence for committing a felony.

    She would have to prove that there was no probable cause to arrest her or hope for settlement. She has admitted in interviews that she had CBD oil at Disneyworld (which is in Florida) before July 1st.
     
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  10. Pea-n-Me

    Pea-n-Me DIS Veteran

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    Some more details.

    The lawsuit has not actually been filed yet.

    https://www.orlandosentinel.com/new...0190514-mmtgumqurvcxxknbqih522z6hy-story.html

    “Today in Orlando, we were able to go into the store and buy CBD,” Crump said. “It’s all over Orlando. It’s all over Florida.”

    He said the majority of CBD enforcement has been lenient because of the in-between legal state and cases like Burkhalter’s are rare.

    She was trespassed from Disney and arrested for possession of hashish — a felony charge mostly used for vape pens with concentrated THC oil.

    Crump and Burkhalter said at the press conference that the field test used can’t distinguish between CBD and THC oil, and the only way to indicate the difference is a lab test.

    Burkhalter said she was in jail for about 12 hours after her arrest. However, even after her release, she couldn’t go back to Disney property to pick up her stuff. She said she waited in a McDonald’s at 2:30 a.m. while her husband collected their belongings.

    Disney can avoid the lawsuit if it’s willing to sit down with Burkhalter and her family to make things right.

    “Where’s your decency? Where’s your common sense?” Crump said. “Is this how you are going to treat people when they come to the happiest place on Earth?”
     
  11. Mackenzie Click-Mickelson

    Mackenzie Click-Mickelson DIS Veteran

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    :lmao::lmao::lmao::lmao: It would work better if they actually knew where they were. Maybe this is explains her lack of knowledge on the CBD oil and FL law.

    Disneyland is "The Happiest Place on Earth". Disney World (well MK at least) is "The Most Magical Place on Earth"
     
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  12. ChrisFL

    ChrisFL Disney/Universal Fan and MALE

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    If CBD is illegal in Florida why do I keep seeing signs about it being for sale in various places here in FL?
     
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  13. kdonnel

    kdonnel DVC-BCV

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    Because there is a lot of money to be made during the period of time where it is legal Federally and illegal at the state level. The entrepreneurs opening stores are willing to take the risk to make the money.
     
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  14. Pea-n-Me

    Pea-n-Me DIS Veteran

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    Last year I was on a trip when I got some news that upset me. I felt sick to my stomach, like I was going to throw up all the time, couldn't eat, couldn't sleep, couldn't enjoy myself, etc. Basically, the trip was ruined for me. And this was something that, in the scheme of things, was relatively minor.

    I can only imagine how this lady felt having all that happen to her - when it really didn't have to be that way.

    Sometimes people take legal action because that is the only way to effect a change. People and organizations generally aren't going to willingly step up and say they were wrong, or they caused harm, or whatever - that only comes about when their hands are forced with something like a lawsuit, unfortunately. This incident was barely a blip in the news until the threat of a lawsuit was announced.

    I believe it was her first trip to Disney, and look what happened. It sounds like they'd like an apology and a re-do and they're giving them the opportunity to do that first. I thnk that's fair given the circumstances.
     
  15. Pea-n-Me

    Pea-n-Me DIS Veteran

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    And law enforcement is looking the other way.
     
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  16. luvsJack

    luvsJack DIS Veteran

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    Well, I'm not saying it, others here did.

    I don't mean people should be breaking the law if they don't like them, I don't think that was the case here. It just seems that it was very confusing as to what the law is. A lot of laws are like that.
     
  17. smiths02

    smiths02 DIS Veteran

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    Some famous lawyer isn't going to settle for a free trip for the family...he wants to get paid too.
     
  18. luvsJack

    luvsJack DIS Veteran

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    The attorney said it not the woman.
     
  19. Mackenzie Click-Mickelson

    Mackenzie Click-Mickelson DIS Veteran

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    lol my comment went over your head :P:D
     
  20. Pea-n-Me

    Pea-n-Me DIS Veteran

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    Well naturally, as he should.
     
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  21. EdnaMarieMode

    EdnaMarieMode DIS Veteran

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    Exactly. Disney security is not the police, Disney security alerted the police and allowed them to handle it. In addition, Disney can allow in whatever they choose, or not allow in whatever they choose, regardless of the legality of the item in question. It's private property.


    They are named in the lawsuit because they have deep pockets. Disney is private property and they are allowed to set the rules as they choose. They call in law enforcement because it then removes Disney from the process at that point (it becomes law enforcement's job to decide what to do with the situation and in this situation they decided to make an arrest and detain the woman for processing). We are not privy to every company policy but I'd be willing to bet it's standard for them to involve the police when the item in question is illegal.

    Now I'm even more confused over what she had and what the legality is (although bottom line it does seem that CBD oil is illegal for right now, period, regardless of presence of THC or availability in stores). I do also wonder what happened during the period between when security found the item, and when law enforcement got involved. We don't know if options such as discarding the item, or returning it to a car/ hotel room were options she was presented with or if she became confrontational.

    "Disney can avoid the lawsuit if it's willing to sit down with Burkhalter and her family to make things right" says it all. Disney didn't do anything wrong- they are within their rights to not allow you into the park with any item, for any reason. It says so right in their policy, available online. Disney didn't arrest her or detain her.
     
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