Orlando, Florida – The arrest of a great-grandmother in the Magic Kingdom for possession of CBD oil brings to light the conflict in the Florida law on hemp products without THC.
Lawyers for 69-year-old Hester Burkhalter of Tennessee have announced plans to sue the Orange County and Walt Disney World Sheriff on Tuesday after she was arrested on suspicion of carrying cannabidiol or CBD in her bag. treatment of her arthritis. All charges were later dropped.
News 6 legal analyst Stephen Kramer says there is a conflict in the CBD law.
“It’s nobody’s land right now,” Kramer said. “I mean, she was really caught there, it’s nobody’s land.”
He says this is because there is a conflict between federal and state laws on CBD products. CBD oil is extracted from the flowers of marijuana plants, but does not produce high.
“There is some controversy over whether Florida law applies or federal law applies,” Kramer said.
FEDERAL LEGISLATION SAYS CBD PRODUCTS ARE LEGAL
In 2018, the federal government passed the 2018 Agriculture Improvement Act, directing the U.S. Department of Agriculture to issue regulations and guidelines for implementing a program to trade industrial hemp in the United States.
Last year, the Drug Enforcement Administration announced that cannabis, including extracts such as CBD, would be removed from its list of illegal drugs.
That’s the argument Burkhalter’s civil rights lawyer, Benjamin Crump, cites in a lawsuit they’re filing against the Orange County Sheriff’s Office and Walt Disney World.
“The federal government has passed a law signed by President Trump that makes CBD oil legal,” Trump said Tuesday.
CBD PRODUCTS ARE ILLEGAL IN FLORIDA – FOR NOW
Under current Florida law, CBD products are illegal.
“Commissioner (Niki) Fried has been fighting for more access to cannabis for years. She is proud to be a champion of cannabis and CBD products that can improve the quality of life of sick and afflicted Florida residents, “State Department of Agriculture spokesman Franco Ripple said earlier this month. “However, CBD and cannabis derivatives, as defined by Florida Statute 893.02, are not currently legal for sale in Florida.
To add to the confusion, CBD products will soon be legal in Florida. The Florida legislature recently passed Senate Bill 1020, which will legalize and regulate CBD products.
“That’s why passing legislation on the state hemp program is so important to Commissioner Freud,” Ripple said in a press release. “Once this legislation becomes law, CBD products can be tested, regulated and legally sold with the consumer safety protection that Florida residents expect.
As of Tuesday, it is still not a law. Lawmakers are waiting for Governor Ron Desantis to sign SB1020. If it does, the CBD will be legal from July 1st.
Until then, the law is in legal uncertainty, which Kramer says is very confusing.
“It’s a mess,” Kramer said. “People are very confused. Law enforcement is confused.”
The Orange County Sheriff stands by the deputy who arrests Burkhalter.
Our department sent a note to MPs three days after the allegations about how to deal with CBD cases were dropped.
Here is what the Sheriff’s Deputies received:
CBD may be legally held by a person who is a qualified patient under FSS 381.986 – Medical Marijuana Status.
A qualified patient can purchase prescribed CBD products ONLY from a licensed dispensary.
Unless a person is licensed, possession of a CBD is a violation of Florida Statute 893.13 (6) (a), which is a third-degree crime.
Unlicensed sale and / or delivery of CBD is a violation of Florida status 893.13 (1) (a) (2).
A person who owns, rents or leases a place with the knowledge that the place will be used for the illegal sale of a controlled substance is in violation of Florida’s 893.1351 status.
Due to confusion over the CBD, MPs are encouraged to consult drug or legal staff on call before arresting or seizing the CBD.
“What people need to know is that if they choose to buy or own a CBD, they are in that legal situation and there is a good chance that if they come across the wrong person, the wrong law enforcement, they will be arrested and accused of a crime, “Kramer said.
For more information on the CBD laws in Florida, click here.
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