In our “Hemp Farming Legality Update 5/2/19” we wrote about how Idaho State Police arrested a truck driver transporting federally legal hemp from Oregon to Colorado. Lawyers for the company transporting the hemp argued that the arrest violated the 2018 Farm Bill and Commerce Clause of the Constitution in that it blocked interstate commerce.
Police around the country have since been making illegal arrests on those who possess legal CBD or hemp.
Grandmother Arrested at Disney World for Possession of CBD
After searching the purse of 69 year old Hester Burkhalter of North Carolina, Disney World employees decided that a bottle of prescribed CBD oil was enough of a threat to Mickey and Goofy that the authorities needed to be notified. Officers from the Orange County Sheriff’s Department showed up to The Most Magical Place on Earth, arrested Burkhalter, threw her in a cage for 12 hours, and slapped her with a $2000 fine for “possession of hashish” before releasing her.
Charges stemming from the insanely anti-social and possibly illegal arrest were eventually dropped. Despite CBD being federally legal, states like Florida with bizarre elected officials are still refusing to get on the ball and update their laws, apparently because it’s more important to allow policemen to continue to have an excuse to harass grandmothers. It turns out CBD is illegal to possess in Florida without a prescription, which Bulkhalter had from her doctor back in North Carolina.
Burkhalter maintains she has a prescription for the CBD oil, issued by her doctor, but she said the deputy refused to listen to her. The Sheriff’s Office arrest report makes no mention of a prescription or whether a deputy asked for proof.https://www.mynews13.com/fl/orlando/news/2019/05/14/grandmother-to-sue-disney-orange-county-sheriffs-office-after-cbd-oil-arrest
Burkhalter and her lawyer are threatening to sue Disney World and the Orange County Sheriff’s Department if they don’t issue an apology for their Gestapo-like craziness.
North Carolina Woman Arrested for Smoking Legal Hemp
Amanda Furstonberg, a mom in Johnston County, North Carolina, was harassed and cited by police for possessing 100% legal hemp, that she smoked to manage pain and anxiety.
She tried to explain the law to them, but, like Mickey’s Stormtroopers above, officers acted like robots running on old software and didn’t listen to her.
While they searched her apartment, Furstonberg said, she tried to explain that she had been smoking hemp, legally distinct from marijuana, purchased over the counter from stores in Garner and Raleigh, containing only CBD, a nonintoxicating cannibinoid.
She said she showed them the notice to law enforcement that came with the glass jars of hemp. She tried to inform the officers that under the 2018 Farm Bill, CBD is legal if it comes from hemp rather than marijuana and contains less than 0.03 percent THC — the compound giving illegal weed its psychological effects.
“They did not care,” said Furstonberg, who lives with her 9-year-old daughter. “They did not believe me.”
And here is the reason that all cannabis sativa, no matter the amount of THC it contains, should be legal federally and in all states. From the same article linked above:
“Officers aren’t historically trained to tell the difference,” he said. “Their only training consists of marijuana looks a certain way and smells a certain way. … It’s going to be a great legal problem.”
So far, police haven’t dropped the charges, and Furstonberg cannot afford a lawyer.
Dallas Forth Worth Airport Security on Loony CBD Arresting Spree
Sociopath jerks at Dallas-Forth Worth airport are harassing people who carry CBD, testing it for any trace amount of THC (even though below 0.3% THC is federally legal), and arresting passengers on felony drug charges “including a 71-year-old woman who was jailed on a felony charge after telling authorities the vial in her bag was ‘CBD oil which she used as medicinal pain relief.'”
This is going on despite hemp and CBD being federally legal, and Texas state government recently legalizing hemp farming and the Texas House voting to make CBD oil legal statewide.
Attorney Jonathan Miller, who also represents one of the travelers arrested at DFW Airport, said the federal farm bill signed into law last year makes it legal for people to transport CBD products made from hemp.
“Federal law is very clear. And when a Customs official pulls someone over for this, he or she is acting in the wrong,” Miller said.
He said of customs officers: “I am hopeful they can use their resources and their time on things that actually hurt people.”
The DFW director of U.S. Customs and Border Protection’s name is Cleatus Hunt, Jr. He either can’t read or disagrees with federal law spelled out in plain English in the 2018 Farm Bill. He’s quoted on NBC5 as saying:
“So 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 affects for you,”
Because you’re choosing to break the law and illegally arrest people, nutty.
It’s insane how local law enforcement can do whatever it wants and continue to use cannabis as a reason to harass and lock up law abiding citizens.
The clear solution is to legalize all cannabis federally and in every state. And until we treat substance use as a medical issue and do away with Schedule 1, harassment of non-violent citizens by police with continue in the United States of America.