Last week we reported how a 69-year-old grandmother was arrested for attempting to bring CBD oil into the Magic Kingdom which she obtained legally in North Carolina.
Hester Burkhalter was on vacation from North Carolina when Orange County deputies found the CBD Oil in her bag and detained her. She was arrested and jailed for 12 hours before the charges were dropped.
Hester states that the CBD was recommended from her doctor back in North Carolina for arthritis but after testing the bottle it was determined to contained THC. She was charged was trespassing and possession of hashish which has a $2,000 fine and considered a felony.
Burkhalter hired Florida civil rights attorney Ben Crump and co-counsel Michele Rayner to represent her.
Crump states that Burkhalter endured illegal detention, false arrest and a violation of her civil rights according to My News 13.
“While Ms. Burkhalter’s charges have since been dropped, her family’s dream vacation will always be remembered as a nightmare complete with 12 hours detained in jail after this false arrest,” the attorneys said in a statement. “We expect better from Walt Disney World and demand a public apology while we pursue all avenues for justice for her.”
“Deputies are responsible for enforcing Florida law and Orange County ordinances,” the Sheriff’s Office said in a statement. “Although CBD oil is illegal without a prescription, our top drug enforcement priority and focus at the Orange County Sheriff’s Office is to get deadly drugs, like heroin and fentanyl, off the streets of our community.”
“The arrest is a law enforcement matter and Ms. Burkhalter’s Walt Disney World trespass charge has been lifted,” said a spokesperson for Walt Disney World.
The Sheriff’s Office legal counsel sent out an email to the agency late last month over the questions surrounding CBD oil.
“Because of the confusion surrounding CBD, deputies are encouraged to consult on-call Narcotics or Legal prior to effectuating an arrest or seizing CBD,” the email stated.
The email also states that Deputies will also receive additional training on the issue.
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Thank you for the heads up!
THing is most CBD oils do not contain THC. It would have been real easy for them to allow her to prove it then to put her and their family thru misery. You can buy it on amazon. It should have been at the very least a warning since most people are likely tourist who aren’t aware of the state laws. In general I think this was handled badly and she had every right to sue.
#DisneyVacayGiveaway
It’s hard to figure out who’s side I’m on. On one hand, it’s medicinal and on the other hand, the law differs by state and she should’ve done some research or maybe call Disney (they got good hold music) However, I completely understand thinking that because it’s oil and for arthritis, it could fly under the radar. I could very well understand the duress she must’ve been in. Jail for 12 hours is an absolutely nightmare and not something that someone can simply get over, especially the psychological aspects of public humiliation and arrest over something recommended by a doctor. #DisneyVacayGiveaway
She should find out the laws before she transports CBD oil. Law enforcement was doing their job. It was 12 hours! Get over it, move on and enjoy yourself. But these days it doesn’t surprise me that they went for a lawyer
Good for her! There was absolutely no need for an arrest, to embarrass her in public, & ruin her vacation! If they want to fine her, then okay but $2,000 is a bit much for something that was legally given to her. It’s not like she smuggled it into the United States from another country. It was legally prescribed to her by her doctor in North Carolina, literally like 500 miles away!! Most people don’t know the legality of CBD oil by state, mostly because you can buy hemp oil easily on Amazon, which is slightly different than CBD, but it pretty much serves the same purpose. They should have explained to her that it is illegal still in Florida & to just let her off with a warning. I truly hope she seeks justice from this!! #DisneyVacayGiveaway