Woman arrested for having cbd oil at disney

N.C. Woman, 69, Arrested Outside Disney World After Security Finds Her CBD Oil for Her Arthritis

A North Carolina woman found herself behind bars after police discovered CBD oil in her purse outside Disney World.

Hester Burkhalter, 69, was arrested and spent eight hours in jail after security outside Magic Kingdom in Orlando, Florida, found the oil on April 15, according to an arrest affidavit obtained by PEOPE.

The great-grandmother told FOX 35 Orlando that she uses the oil as per her doctor’s recommendation to ease her arthritis symptoms.

“I have really bad arthritis in my legs and in my arms and in my shoulder and I use it for the pain because it helps,” she told the outlet, adding that she had a doctor’s note in her purse.

Burkhalter’s CBD oil tested positive for THC, the chemical responsible for the high that accompanies marijuana — despite the fact that the bottle reportedly claimed it contained zero milligrams of THC.

She was booked on third-degree felony charges of possession of hashish, according to the affidavit.

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CBD oil is extracted from hemp, which is in the same plant family as marijuana but contains very little THC, and not enough to get you high, according to CBS News.

Capt. Carlos Torres of the Orange County Sheriff’s Office told FOX 35 that because the deputy knew CBD oil was illegal, he had probable cause to arrest Burkhalter.

“He certainly acted within the scope of the law,” Torres said. “[Buying CBD oil] is a risk because you don’t know what you’re buying. Just because you’re buying it at a store doesn’t make it okay, and doesn’t make it legal.”

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According to the Tampa Bay Times, Florida’s laws regarding CBD are hazy, as hemp is illegal in the state, but there is no consensus among officials as to whether or not federal law, which differentiates hemp from marijuana, trumps Florida law.

Burkhalter was released from jail on a $2,000 bond, a spokesperson for Orange County Corrections told PEOPLE.

Though the charges have been dropped, according to Fox 35, the incident certainly put a damper on her highly-anticipated trip.

“We had planned on this trip for over two years and we saved up for it and we were real excited,” she told the outlet. “I didn’t know what to think, I couldn’t understand it. I didn’t feel like I’d done nothing wrong.”

Burkhalter’s lawyer Jennifer Synnamon told Fox News in a statement she was “very disappointed” by how the incident was handled.

“Why Sheriff Mina would support his deputies using their resources for a CBD oil arrest of a 69-year-old woman, but then won’t do anything about the gas stations, health food stores, drug stores, etc. that are selling it to the open public is absolutely beyond my comprehension,” she said.

Spokespersons for Disney World did not immediately return PEOPLE’s request for comment.

Grandmother sues Disney World for millions after CBD oil arrest

ORLANDO, Fla. – A grandmother who was arrested outside Walt Disney World is suing the happiest place on earth with the help of a well-known attorney.

Hester Burkhalter, 69, was arrested in April after Disney security found a bottle of CBD oil while searching her purse at a security checkpoint.

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According to TMZ, civil rights attorney Ben Crump just filed a lawsuit against Disney, the Orlando Police Department and the Orange County Sheriff’s Department on behalf of Burkhalter.

Crump is most notably known for representing the family of George Floyd. Floyd was an unarmed Black man in Minneapolis who was killed by a police officer who knelt on his neck for nearly nine minutes as Floyd pleaded for his life.

The TMZ report reads, According to the lawsuit, obtained by TMZ, Hester says she was arrested and detained by cops at Disney World in April 2019 — even though she claims the CBD oil was purely for medical purposes related to her arthritis and didn’t contain THC.

CBD oil is extracted from the flowers of marijuana plants, but it doesn’t produce a high. Burkhalter said she had a doctor’s note saying it was prescribed for her arthritis.

Burkhalter went on to state that she panicked while being placed in the back of a police car and began vomiting. She claims that she was denied medical attention and subjected to a miserable 15-hour ordeal.

The grandmother added that she was humiliated because the officers allegedly made her strip down at the jail to be searched.

In the suit, Burkhalter is alleging assault and battery, false arrest and imprisonment, defamation and emotional distress among many others, according to Crump’s law firm.

She is requesting more than $18 million in damages plus additional damages for her husband and other family members who were vacationing at the theme park with her.

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In May, all charges against the grandmother were dropped after prosecutors said that the case against Burkhalter wasn’t suitable for prosecution.