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Great-grandmother arrested for having CBD oil at Walt Disney World

CaptainAmerica

Premium Member
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It's literally what she had.

The arrest report specifically states "Select CBD" oil was the item in question. If you visit their website right now, you'll see that their products are Hemp based.

Here's a screenshot of the arrest report:

View attachment 370281
What are you talking about? The report literally says right there that it tested positive for THC.
 

Movielover

Well-Known Member

What I don't understand is CBD products are sold all over Polk County
There is a whole store in downtown Lakeland.

I was told CBD was legal because it's not supposed to have THC in it.

Florida really needs to catch up with the times on this. And Disney getting their law abiding patrons. arrested for this is not going to be good for business.
She apparently did not have a prescription on her, which means she was illegally carrying it in the state of Florida, thus why she was arrested. Thus she was technically not a "law abiding citizen" and even so this entire event will have almost zero effect on Disney's business.
 
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networkpro

Well-Known Member

What I don't understand is CBD products are sold all over Polk County
There is a whole store in downtown Lakeland.

I was told CBD was legal because it's not supposed to have THC in it.

Florida really needs to catch up with the times on this. And Disney getting their law abiding patrons. arrested for this is not going to be good for business.
Federal law removed Hemp and its derivative compounds from the list of illegal drugs as long as it comes from a licensed grower and only contains trace amounts of THC (less than .3 percent ). Florida law did not.

The guest was not in compliance with Florida laws.
 

ImperfectPixie

Well-Known Member
What are you talking about? The report literally says right there that it tested positive for THC.
It does, BUT...
  1. The field tests sometimes give a false positive
  2. The field tests aren't designed for testing oil
  3. The Florida legal limit for THC in CBD oil is 0.8%
  4. He charged her with possession of hashish...which is NOT CBD oil
Myth.

I bet those numbers would change if you include violence due to people fighting over marijuana, violence trying to avoid arrest over marijuana, etc. etc. The article also admits that they don't have good data for jails (which is where I would guess most marijuana offenders serve their time) or state prisons...those are two pretty big holes in their data collection.
 

LAKid53

Official Member of the Mean Girls Cult
Premium Member
They can. But, one would need to be part of the study. We do not know that to be so in this case.

The end result is, she did violate the law.
The law in Florida regarding the sale and use of CBD oil is very confusing. In 2014, the Florida Legislature approved the use of CBD oil (Charlotte's Web) for specific medical conditions. Lawyers have argued that once the federal government reclassified hemp as an agricultural product in the 2018 Farm Bill, all hemp derived products are legal in all 50 states and any state law would be superseded by federal law.
 

LAKid53

Official Member of the Mean Girls Cult
Premium Member
Current Florida law:

Possession of 20 grams or less of marijuana is a misdemeanor. Possession of more than 20 grams is a felony punishable by up to 5 years in prison. 20 grams is approximately 40 joints.

Orlando, along with Miami-Dade, Tampa and Key West, have passed ordinances that give officers the discretion to replace arrests for possession of under 20 grams of marijuana with citations.

Under current Florida law, medical marijuana is that which is low in THC (less than 0.8%) and more than 10% of CBD.

The arrest report charged her with possession of hashish, which is a drug made from the resin of the marijuana plant. It's not oil, not leaf, but a solid block. It has to be consumed by smoking or ingesting after after decarboxylation.

OCSO could have issued her a citation. She certainly was NOT in possession of hash, nor was she in possession of 20 grams of pot.
 

Lensman

Premium Member
I think it's critical to pay attention to the arrest report.
1. The bottle said "Select CBD". The Disney security officer suspected that it actually contained THC.
2. The defendand gave an evasive answer to the question, "Is this CBD" and refused to answer the question "[does] this contain THC?" by the Disney security officer.
3. The Disney security officer then called over the OC Sheriff's office deputy and he tested the oil for THC, arresting her after it tested positive.

False positive asides, there are several observations I want to make that I think contributors from earlier in this thread will find helpful:
1. In #1 above, the Disney security officers suspected the bottle contained THC. Note that he was not concerned that that bottle contained CBD, another "currently illegal substance" as it has been described in this thread. Perhaps if he didn't suspect it was THC, all would have been fine. But let's go on.
2. Grandma gave an evasive answer to the question, "Is this CBD" and refused to answer the question "[does] this contain THC?". What would have happened if she had said, "Yes, this is CBD and no, it does not contain THC." Perhaps he would have believed her, or maybe he would have called over the deputy anyway.
3. The substance in the "Select CBD" bottle tested positive for THC. What would have happened if the substance have tested negative? I suspect she would not have been arrested.

The certain lesson here is that if you try to take a bottle that says "Select CBD" into WDW, refuse to say whether it contains CBD or THC, don't object to a THC test, and the contents test positive for THC, it is possible that you will be arrested (maybe even probable).

I wonder what kind of test they use?

I don't know if this incident says anything about what would happen if you need to take your 100% hemp derived CBD oil through security and tell them that it is a bottle of 100% hemp derived CBD oil and does not contain THC. However, the security officer and the deputy seemed very focused on THC, not that CBD is still technically illegal in the state of Florida. OTOH, not guarantees.

On the subject of SB 1020, the articles I've read seem to indicate that Florida is very keen to get a big slice national hemp market as a grower. From my reading of SB 1020, once signed by the governor, it will do at least two things:
1. Direct the Department of Agriculture to develop a licensing process and rules for industrial production of hemp.
2. Outside of this licensing process, direct the Department of Agriculture to oversee and direct industrial hemp pilot projects at various universities in Florida.

Lastly, here's a screenshot from the selectcbd.com website:
370306
OMG! They also have *bacon* flavored drops for pets!
 
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0ogabooha

Well-Known Member
I think it's critical to pay attention to the arrest report.
1. The bottle said "Select CBD". The Disney security officer suspected that it actually contained THC.
2. The defendand gave an evasive answer to the question, "Is this CBD" and refused to answer the question "[does] this contain THC?" by the Disney security officer.
3. The Disney security officer then called over the OC Sheriff's office deputy and he tested the oil for THC, arresting her after it tested positive.

False positive asides, there are several observations I want to make that I think contributors from earlier in this thread will find helpful:
1. In #1 above, the Disney security officers suspected the bottle contained THC. Note that he was not concerned that that bottle contained CBD, another "currently illegal substance" as it has been described in this thread. Perhaps if he didn't suspect it was THC, all would have been fine. But let's go on.
2. Grandma gave an evasive answer to the question, "Is this CBD" and refused to answer the question "[does] this contain THC?". What would have happened if she had said, "Yes, this is CBD and no, it does not contain THC." Perhaps he would have believed her, or maybe he would have called over the deputy anyway.
3. The substance in the "Select CBD" bottle tested positive for THC. What would have happened if the substance have tested negative? I suspect she would not have been arrested.

The certain lesson here is that if you try to take a bottle that says "Select CBD" into WDW, refuse to say whether it contains CBD or THC, don't object to a THC test, and the contents test positive for THC, it is possible that you will be arrested (maybe even probable).

I wonder what kind of test they use?

I don't know if this incident says anything about what would happen if you need to take your 100% hemp derived CBD oil through security and tell them that it is a bottle of 100% hemp derived CBD oil and does not contain THC.

On the subject of SB 1020, the articles I've read seem to indicate that Florida is very keen to get a big slice national hemp market as a grower. From my reading of SB 1020, once signed by the governor, it will do at least two things:
1. Direct the Department of Agriculture to develop a licensing process and rules for industrial production of hemp.
2. Outside of this licensing process, direct the Department of Agriculture to oversee and direct industrial hemp pilot projects at various universities in Florida.
I don't know if I would say that it has THC or not in it if I were under the pressure of law enforcement without a lawyer present or knowledge of the bottle itself (if it's a legal bottle, I'd assume it's legal, but wouldn't have percentages memorized). With the context of a legal CBD product that has legal traces of THC as a result of sourcing from hemp, saying it has THC in it or denying it outright are both ways to mislead the process. Again, though, the testing for THC without proper context of how much was present and insinuating it under "hashish" is what's weird here.
 
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LAKid53

Official Member of the Mean Girls Cult
Premium Member
I think it's critical to pay attention to the arrest report.
1. The bottle said "Select CBD". The Disney security officer suspected that it actually contained THC.
2. The defendand gave an evasive answer to the question, "Is this CBD" and refused to answer the question "[does] this contain THC?" by the Disney security officer.
3. The Disney security officer then called over the OC Sheriff's office deputy and he tested the oil for THC, arresting her after it tested positive.

False positive asides, there are several observations I want to make that I think contributors from earlier in this thread will find helpful:
1. In #1 above, the Disney security officers suspected the bottle contained THC. Note that he was not concerned that that bottle contained CBD, another "currently illegal substance" as it has been described in this thread. Perhaps if he didn't suspect it was THC, all would have been fine. But let's go on.
2. Grandma gave an evasive answer to the question, "Is this CBD" and refused to answer the question "[does] this contain THC?". What would have happened if she had said, "Yes, this is CBD and no, it does not contain THC." Perhaps he would have believed her, or maybe he would have called over the deputy anyway.
3. The substance in the "Select CBD" bottle tested positive for THC. What would have happened if the substance have tested negative? I suspect she would not have been arrested.

The certain lesson here is that if you try to take a bottle that says "Select CBD" into WDW, refuse to say whether it contains CBD or THC, don't object to a THC test, and the contents test positive for THC, it is possible that you will be arrested (maybe even probable).

I wonder what kind of test they use?

I don't know if this incident says anything about what would happen if you need to take your 100% hemp derived CBD oil through security and tell them that it is a bottle of 100% hemp derived CBD oil and does not contain THC. However, the security officer and the deputy seemed very focused on THC, not that CBD is still technically illegal in the state of Florida. OTOH, not guarantees.

On the subject of SB 1020, the articles I've read seem to indicate that Florida is very keen to get a big slice national hemp market as a grower. From my reading of SB 1020, once signed by the governor, it will do at least two things:
1. Direct the Department of Agriculture to develop a licensing process and rules for industrial production of hemp.
2. Outside of this licensing process, direct the Department of Agriculture to oversee and direct industrial hemp pilot projects at various universities in Florida.

Lastly, here's a screenshot from the selectcbd.com website:
View attachment 370306
OMG! They also have *bacon* flavored drops for pets!

THC under 0,8% is legal in Florida. The arrest report didn't indicate what the % of THC in the oil was. A qualified lab analysis, such as what FDLE conducts, would. Furthermore, she was charged with possession of HASH, a completely different substance. There's been a lot of confusion on the part of LE regarding what is allowed under current medical marijuana law in Florida. We've had a shop in Tallahassee raided by TPD several times, until lawyers informed LE exactly what was legal under existing law and what products the shop was selling.

HB333 will allow the entire SUS and community college system to conduct research on hemp. Currently, it's only UF and FAMU. In addition, the bill establishes requirements for the distribution and sale of hemp extract.

One push in Florida for opening up the hemp industry is to mitigate the hit agriculture has taken in the citrus industry. According to a report from DACS, Florida's climate is conducive for growing hemp.

This legislation passed both the Florida House and Senate unanimously. Hope the governor will sign it,
 

LAKid53

Official Member of the Mean Girls Cult
Premium Member
I don't know if I would say that it has THC or not in it if I were under the pressure of law enforcement without a lawyer present or knowledge of the bottle itself (if it's a legal bottle, I'd assume it's legal, but wouldn't have percentages memorized). With the context of a legal CBD product that has legal traces of THC as a result of sourcing from hemp, saying it has THC in it or denying it outright are both ways to mislead the process. Again, though, the testing for THC without proper context of how much was present and insinuating it under "hashish" is what's weird here.
What is sold in retailers like Bed, Bath and Beyond may not be the same CBD oil obtained elsewhere.
 

LAKid53

Official Member of the Mean Girls Cult
Premium Member
Yet a woman who is pushing for MMJ/CBD legalization in Florida is, by your definition, a backward Bible thumper. Ironic.
Medical marijuana was approved long before Nikki Fried became Ag Commissioner. However, she is pushing for price controls and a state-run bank that will finance the industry as commercial banks won't allow accounts for dispensaries since pot is still illegal under federal law.
 
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DisneyExpert

Well-Known Member
Uh, drugs are bud. Um-kay.

As we have been told in the past, Disney can restrict any substance that they choose. Which is why smokers must leave the park now. Defend it all you want; tell us why your vice is different. In the end, Disney can restrict it at their discretion.
She didn't have drugs on her. And did you really just use the word vice to refer to CBD oil?

Good thing Disney is gonna take care of all those evil people with chronic pain who just want to live their lives with some modicum of normalcy! 🙄
 

LAKid53

Official Member of the Mean Girls Cult
Premium Member
She didn't have drugs on her. And did you really just use the word vice to refer to CBD oil?

Good thing Disney is gonna take care of all those evil people with chronic pain who just want to live their lives with some modicum of normalcy! 🙄
I can walk into any park with a bottle full of Oxy. A substance 1000 times more dangerous than CBD oil.

My opinion? OCSO mishandled this. Lawyers will tell you not to admit to anything, especially if you're not sure. She was charged with possessing hash. That deputy needs to go back to narcotics class if he can't tell the difference between hash and oil. 🙄

He could have take the bottle from her, admonished her and given her a citation.
 

ImperfectPixie

Well-Known Member
I can walk into any park with a bottle full of Oxy. A substance 1000 times more dangerous than CBD oil.

My opinion? OCSO mishandled this. Lawyers will tell you not to admit to anything, especially if you're not sure. She was charged with possessing hash. That deputy needs to go back to narcotics class if he can't tell the difference between hash and oil. 🙄

He could have take the bottle from her, admonished her and given her a citation.
Even in it's oil form, hashish is thicker and darker than CBD oil. EVERY officer should know the difference.

(My guess would be that they smell very different, too.)
 
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