A woman gets arrested at Disney World for possession of CBD oil
Why? During a checkpoint outside of the Magic Kingdom park, a deputy searched her purse and found CBD oil, which is illegal in Florida unless its carrier has a prescription. The North Carolina resident, was carrying a note from a medical professional stating the CBD oil is used for her arthritis, but that wasn’t enough.
She claimed the CBD oil helps with pain.
Shocked this happened, she told Fox 35 Orlando, “I’ve never had a speeding ticket in my life.”
Charges were eventually dropped on the woman, who is a great grandmother. Her story raised questions about why the CBD oil business is growing in the state if it is still technically illegal.
Elderly Woman Arrested for Having CBD Oil at Disney World
A 69-year-old woman was recently arrested at a security checkpoint at Disney World after a police officer found CBD oil in her purse.
According to Fox 35 Orlando, Hester Jordan Burkhalter, a great-grandmother from North Carolina who suffers from arthritis, spent 12 hours in jail before being released on a $2,000 bond despite having a note from her doctor.
CBD oil is illegal in Florida until a recently passed hemp bill is signed into law.
“I have really bad arthritis in my legs, in my arms and in my shoulder,” Burkhalter, who had been planning her trip to Disney for as many as two years, told Fox 35. “I use (CBD oil) for the pain because it helps.”
“I’ve never had one speeding ticket in my life,” she added, referring to her lack of criminal history.
Great-grandmother with CBD oil arrested at Disney World by – https://t.co/IwLwqNZPHJ pic.twitter.com/ydyud5RpY6
— Westlake Legal Group (@WestLakeLegalGr) May 7, 2019
The charges against Burkhalter were eventually dropped by the Orange County Sheriff’s Office.
North Carolina Woman Sues Disney World over CBD Arrest
A North Carolina woman is filing a lawsuit for negligent and intentional infliction of emotional distress after she says she was arrested for possession of CBD oil.
CBD oil is a major craze right now. If you haven’t heard about it, here’s what you need to know. While CBD is produced from the same plant that marijuana and THC are produced from, it contains none of the intoxicating effects of THC. Instead, proponents of CBD claim it helps with anxiety, digestion, sleeping, and a lot more. It is perfectly legal in all 50 states to purchase and use CBD oil.
However, confusion over what constitutes CBD and THC can create problems for those who use CBD legally.
Hester Burkhalter says she was placed under arrest by a sheriff’s deputy at Disney World in 2019. She was in possession of therapeutic CBD oil that was prescribed by her doctor to treat arthritis. Despite the fact that a field chemical test revealed that there was no THC in Mrs. Burkhalter’s therapeutic CBD oil, the sheriff arrested her, charging her with felony narcotics possession in the presence of her husband, daughter, and two adopted children.
Burkhalter, who was 69, must have really irked this police officer. When they brought her to the station, they performed a full body cavity search and held her on $2,000 bond. The charges against her were subsequently dropped. She has now filed a civil rights violation lawsuit against the sheriff’s department and a personal injury lawsuit against Disney World. She is seeking $6 million in compensatory damages and $12 million in punitive damages.
Will This Lawsuit Win?
There are a number of barriers facing Mrs. Burkhalter’s lawsuit. Firstly, you can’t sue the government for punitive damages or negligent infliction of emotional distress. These lawsuits would have to be filed directly against Disney.
Disney will say that they believed the police officer was in the right when they ejected her family from the park and charged her with drug possession.
Mrs. Burkhalter will be represented by civil rights attorney Ben Crump who has also filed lawsuits on behalf of George Floyd and Breonna Taylor, two African-Americans killed by police. Burkhalter, however, is white.
What Actually Happened?
Dollars to donuts, Mrs. Burkhalter probably did not respond to the police officer in a way he deemed was satisfactorily complicit, so he threw the book at her, invented false charges, and subjected her to a body cavity search, which when groundless, is simply sexual assault.
So the woman’s case does have merit and should be pursued regardless of whether or not it results in an $18 million verdict. The idea that our government can do something like this to us just because a police officer doesn’t like our response is something that we should all be concerned about.