CBD Oil Lawsuit by Arrested Grandmother

amberpi

DIS Veteran
Joined
Jul 13, 2012
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...
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.
 

luvsJack

DIS Veteran
Joined
Apr 3, 2007
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.
By the way, the arresting officer can decide to drop charges before it ever goes to the DA.
 

smiths02

DIS Veteran
Joined
Feb 13, 2009
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.
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.
 
  • luvsJack

    DIS Veteran
    Joined
    Apr 3, 2007
    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.
    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.
     
    Joined
    Oct 23, 2015
    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.
    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.
     

    Hikergirl

    DIS Veteran
    Joined
    Feb 28, 2016
    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.

    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:
    Joined
    Oct 23, 2015
    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.
    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."
     
  • smiths02

    DIS Veteran
    Joined
    Feb 13, 2009
    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.
     

    Pea-n-Me

    DIS Veteran
    Joined
    Jul 18, 2004
    Some more details.

    The lawsuit has not actually been filed yet.

    https://www.orlandosentinel.com/news/breaking-news/os-ne-grandma-arrested-cbd-plans-lawsuit-20190514-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?”
     
    Joined
    Oct 23, 2015
    Some more details.

    The lawsuit has not actually been filed yet.

    https://www.orlandosentinel.com/news/breaking-news/os-ne-grandma-arrested-cbd-plans-lawsuit-20190514-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?”
    :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"
     
  • kdonnel

    DVC-BCV
    Joined
    Feb 1, 2001
    If CBD is illegal in Florida why do I keep seeing signs about it being for sale in various places here in FL?
    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.
     

    Pea-n-Me

    DIS Veteran
    Joined
    Jul 18, 2004
    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.
     

    Pea-n-Me

    DIS Veteran
    Joined
    Jul 18, 2004
    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.
    And law enforcement is looking the other way.
     

    luvsJack

    DIS Veteran
    Joined
    Apr 3, 2007
    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.
    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.
     

    smiths02

    DIS Veteran
    Joined
    Feb 13, 2009
    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.
    Some famous lawyer isn't going to settle for a free trip for the family...he wants to get paid too.
     

    luvsJack

    DIS Veteran
    Joined
    Apr 3, 2007
    :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"
    The attorney said it not the woman.
     

    EdnaMarieMode

    DIS Veteran
    Joined
    Jul 16, 2018
    They’ve named Disney in the lawsuit. Why on God’s good earth do you think they owe her a payday? :sad2:
    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.

    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.

    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.
    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.

    Some more details.

    The lawsuit has not actually been filed yet.

    https://www.orlandosentinel.com/news/breaking-news/os-ne-grandma-arrested-cbd-plans-lawsuit-20190514-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?”
    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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