Posted on

Nc woman arrested at disney for cbd oil

Woman Files Lawsuit After 2019 CBD Oil Arrest at Disney World

ORLANDO, Fla. — Civil rights attorney Ben Crump has filed a civil lawsuit against the Walt Disney Company on behalf of Hester Burkhalter, a North Carolina grandmother who was arrested at Magic Kingdom in April 2019 after security found CBD oil in her purse.

What You Need To Know
  • North Carolina woman arrested last year at Disney World for CBD oil
  • Hester Burkhalter’s attorneys have filed lawsuit against Disney
  • Burkhalter is being represented by civil rights lawyer Ben Crump
  • RELATED: Woman in Disney CBD Oil Arrest: Body-Cam Video Proves Wrongful Arrest

According to Crump, Burkhalter had the “CBD oil per her doctor’s recommendation to treat her advance arthritis.”

Burkhalter was arrested and charged with possession of hashish. The charges were later dropped.

“Disney’s stated mission is to make everyone’s dreams come true. Instead, they turned a harmless grandmother’s expensive Disney vacation into a nightmare by treating her like a criminal with the full participation of the Orange County Sheriff’s Office,” Crump said in a statement Wednesday about the lawsuit. “We have given Disney and Orange County several chances to own their mistakes and make this right. The arrogance, complacency and lack of corporate responsibility demonstrated by these organizations demand correction and justice.”

Crump told Spectrum News in April 2019 they were seeking a public apology from Walt Disney World.

Body camera footage released by Orange County Sheriff’s Office at the time shows deputies meeting with Burkhalter after being stopped by security officers at a checkpoint in front of Magic Kingdom.

See also  Cbd massage oil for gog ear discharge

In the footage, an Orange County deputy is heard saying, “If it doesn’t test positive for THC, then she can have it back.” Deputies tested her oil with a marijuana test kit.

“This does not contain THC,” the deputy is heard saying on the body camera footage. “This is not criminal. It is not criminal to have that.”

Despite finding the oil to be legal, deputies tested it again.

This is when Burkhalter attorney Michelle Rayner-Goolsby said they showed their true intentions.

“At that point that it did not come back positive for THC, you needed to allow her to go back into the park and enjoy this trip with her family,” Rayner-Goolsby said. “But for whatever reason, they were hell bent on arresting her, arresting somebody, that day.”

Two weeks after Burkhalter’s arrest, the Sheriff’s Office issued new guidance for deputies outlining the state’s law on CBD that said “…because of the confusion surrounding CBD, deputies are encouraged to consult on-call Narcotics or Legal prior to effectuating an arrest or seizing CBD.”

Spectrum News reached out to Disney and the Orange County Sheriff’s Office about the lawsuit, but as of Wednesday had not received a response.

North Carolina Woman Sues Disney World over CBD Arrest

A North Carolina woman is filing a lawsuit for negligent and intentional infliction of emotional distress after she says she was arrested for possession of CBD oil.

CBD oil is a major craze right now. If you haven’t heard about it, here’s what you need to know. While CBD is produced from the same plant that marijuana and THC are produced from, it contains none of the intoxicating effects of THC. Instead, proponents of CBD claim it helps with anxiety, digestion, sleeping, and a lot more. It is perfectly legal in all 50 states to purchase and use CBD oil.

See also  Cbd oil for blocked fallopian tubes

However, confusion over what constitutes CBD and THC can create problems for those who use CBD legally.

The Arrest

Hester Burkhalter says she was placed under arrest by a sheriff’s deputy at Disney World in 2019. She was in possession of therapeutic CBD oil that was prescribed by her doctor to treat arthritis. Despite the fact that a field chemical test revealed that there was no THC in Mrs. Burkhalter’s therapeutic CBD oil, the sheriff arrested her, charging her with felony narcotics possession in the presence of her husband, daughter, and two adopted children.

Burkhalter, who was 69, must have really irked this police officer. When they brought her to the station, they performed a full body cavity search and held her on $2,000 bond. The charges against her were subsequently dropped. She has now filed a civil rights violation lawsuit against the sheriff’s department and a personal injury lawsuit against Disney World. She is seeking $6 million in compensatory damages and $12 million in punitive damages.

Will This Lawsuit Win?

There are a number of barriers facing Mrs. Burkhalter’s lawsuit. Firstly, you can’t sue the government for punitive damages or negligent infliction of emotional distress. These lawsuits would have to be filed directly against Disney.

Disney will say that they believed the police officer was in the right when they ejected her family from the park and charged her with drug possession.

Mrs. Burkhalter will be represented by civil rights attorney Ben Crump who has also filed lawsuits on behalf of George Floyd and Breonna Taylor, two African-Americans killed by police. Burkhalter, however, is white.

See also  Bulk cbd oil for vape

What Actually Happened?

Dollars to donuts, Mrs. Burkhalter probably did not respond to the police officer in a way he deemed was satisfactorily complicit, so he threw the book at her, invented false charges, and subjected her to a body cavity search, which when groundless, is simply sexual assault.

So the woman’s case does have merit and should be pursued regardless of whether or not it results in an $18 million verdict. The idea that our government can do something like this to us just because a police officer doesn’t like our response is something that we should all be concerned about.

Talk to a Miami Personal Injury Attorney

If you’ve been injured due to the negligence of another person, call the Miami personal injury attorneys at the office of Alan Goldfarb, P.A. today to schedule a free consultation and learn more about how we can help.