69-Year-Old Woman Jailed for 12 Hours After Disney World Security Finds Her CBD Oil
Recent reports show that a great-grandmother was arrested for carrying CBD oil while on a trip to Disney World. After spending several hours in jail, she was eventually released on bail. The case is one of several recent incidents that highlights the confusion hanging over CBD law throughout the country.
Great-Grandmother Arrested for Carrying CBD Oil
According to arrest reports only recently picking up public attention, 69-year-old Hester Burkhalter was arrested on April 15. The incident occurred after she tried to pass through a checkpoint on her way to Disney World’s Magic Kingdom.
As reported by the Tampa Bay Times, Burkhalter had been planning her trip to Disney World for at least two years. But unfortunately for her, those plans were dramatically disrupted.
After security spotted a bottle of CBD oil in Burkhalter’s purse, the cops eventually got involved. And before the day was over, Burkhalter had been removed from the Disney property.
She was ultimately charged with possession of hashish, which is a felony. As a result, Burkhalter was locked up in the Orange County Jail. She reportedly spent a total of 12 hours behind bars before being released on $2,000 bail.
Since the incident, all charges have reportedly been dropped.
Burkhalter said she had the CBD oil because her doctor recommended it as a way of treating some of her chronic health conditions.
“I have really bad arthritis in my legs, in my arms, and in my shoulder,” she told the media. “I use it for the pain because it helps.”
As per the Tampa Bay Times, the bottle of CBD oil Burkhalter was carrying that day was marked as containing zero THC. But local law enforcement claimed otherwise. Specifically, local cops claim they tested the oil and that it came back positive for THC.
Legal Confusion Surrounding CBD
It is unclear why Burkhalter was initially charged with felony-level possession of hashish for simple CBD oil. Additionally, it is unclear why she faced such harsh punishment at all.
As reported by local media, CBD products are relatively easy to purchase in many parts of Florida, although CBD still tends to fall in something of a legal gray area in the state.
In many ways, Burkhalter’s case—along with other similar incidents—highlights the legal confusion that hangs around the issue of CBD.
At the end of 2018, the Farm Bill was signed into law. Among a number of changes to federal agricultural regulations, this bill made some key changes related to hemp and hemp-derived CBD.
Specifically, the Farm Bill removed hemp from the list of Schedule I illegal drugs. Additionally, it legalized the interstate commerce of hemp. Importantly, this includes hemp-derived CBD and products containing hemp-derived CBD.
Despite this, people in different parts of the country continue facing criminal charges for possessing CBD.
Obviously, Burkhalter’s arrest at Disney World is recent evidence of this. And similar incidents have also been occurring at the Dallas-Forth Worth Airport in Texas.
Reports from last month show that passengers at the airport have been detained and in some cases arrested for carrying CBD in their luggage.
Woman arrested for cbd oil dallas
If you’re taking a trip to the Dallas area, please leave your CBD at home.
That’s the warning being given by U.S. Customs and Border Protection port director Cleatus Hunt Jr., who manages the comings and goings at Dallas Fort-Worth airport. Because if you do bring your cannabidiol oils, tinctures, topicals, or vaporizers on your trip, they will be seized, and there’s a good chance that you’ll end up getting arrested.
According to a deep dive investigation from a local Dallas NBC affiliate, CBD seizures have spiked at DFW airport over the past year, leading to increased oversight from border patrol, and heavy-handed punishments from local police.
“I would say a year ago it was almost non-existent,” Hunt Jr. told NBC5. “But in the last six months, the interception rate for that [CBD] has skyrocketed.”
But even as Hunt Jr. and his team notice a jump in the number of travelers carrying non-psychoactive CBD products, what they are really looking for is THC. And while that may historically have lead drug dogs and agents to vacuum-sealed bags of bud, these days, border protection officers in Texas have widened their scope. Now, they are testing every CBD product they find, looking for trace amounts of THC and seeking arrests if they find any.
For a product to be considered hemp and not marijuana, it must contain no more than 0.03% THC. Since the production and distribution of hemp and its byproducts were legalized in the 2018 Farm Bill, CBD products with less than 0.03% THC are legal under federal law. But without any regulations currently enforced in the rapidly growing hemp CBD market, many products sold in head shops, health shops, and online surpass that strict legal threshold. And in Texas, they sure are strict.
To wit, earlier this year, a 71-year old woman traveling into Dallas Fort-Worth was arrested and charged with a felony count after customs found trace amounts of THC in a vial of what she told police was “CBD oil which she used as medicinal pain relief.”
Texas legislators are currently debating legislation that would legalize hemp CBD in accordance with federal law. The state is also making progress on a decriminalization bill. But, for now, passengers caught with any sort of hemp or cannabis product at DFW airport risk jail time.
“One single incident, one single small amount of CBD oil that you thought was cool to take on a trip with you, could result in life-changing effects for you,” the customs port director said. “Don’t do it. It simply isn’t worth it.”