CBD Oil Arrest

CBDISTILLERY

Buy CBD Oil Online

In Texas it is illegal to possess THC oil and wax and CBN oil and wax, but it is not illegal to possess CBD oil or wax so long as the THC content is .3% or less. Marijuana or Cannabis contains at least 110 types of cannabinoids, of which THC, CBN and CBD are the most abundant and most studied. A North Carolina woman's civil suit alleges "she was treated like a criminal."

Possession of THC Oil

When you have been arrested for a drug charge then you need to hire an experienced criminal defense lawyer who can provide the best legal defense for you.

Tetrahydrocannabinols (THC), Cannabinol (CBN) and Cannabidiol (CBD)

In Texas it is illegal to possess THC oil and wax and CBN oil and wax, but it is not illegal to possess CBD oil or wax so long as the THC content is .3% or less. Marijuana or Cannabis contains at least 110 types of cannabinoids, of which THC, CBN and CBD are the most abundant and most studied. The main difference is that THC has a psychoactive effect whereas CBN has only a mild psychoactive effect and CBD have no psychoactive effect. It is CBN and CBD in wax and oil form that is used to treat neuropathic or chronic pain, Chron’s Disease, Multiple Sclerosis, Epilepsy and Darvet’s Syndrome, Post Traumatic Stress Disorder, Anxiety, and Insomnia.


Is it illegal to possess a vape pen?

On June 11, 2019, the governor signed a new farm bill that legalized the growing of hemp. The new law went into effect immediately and tracked the recent change in federal law regarding the production of hemp. Agriculture Code §121.00 defines hemp as a strain of the Cannabis Sativa plant, the marijuana plant, with a THC content of .3% or less. Crime Labs in the state of Texas are not equipped to test for the percentage of THC contained in a sample, these labs can only test for the presence of THC.

See also  CBD Oil For Cats Petsmart


Can I be charged with THC?

At a trial for possession of THC or CBN, in order to prove their case, it would be required that the State produce evidence of a THC level greater than .3%. However, it is possible that the State could use your own statements or actions to prove that the substance is THC or CBN and not CBD, so use your right to remain silent.


How much time can I get for possession of THC wax or THC oil?

Tetrahydrocannabinols (THC) other than marijuana, meaning in the form of wax or oil is a controlled substance in Texas found in Penalty Group 2 and prohibited under §481.103(a)(1). A conviction for possession of THC wax or THC oil is punishable a wide range of punishment. The amount of the fine and the amount of jail or prison time depends on the amount of the THC wax or THC oil that was found in your possession. Less than one gram of THC wax or THC oil can result in 2 years in state jail and up to a $10,000 fine. If you are found in possession of at least 4 grams but less than 400 grams of THC wax or THC oil, then you can be sent to prison for 2 to 20 years and fined up to $10,000.00.


How much time can I get for possession of CBN wax or CBN oil?

Cannabinol (CBN) other than marijuana, meaning in the form of wax or oil is a controlled substance in Texas found in Penalty Group 2-A and prohibited under§481.1031(b)(3). A conviction for possession of CBN wax or CBN oil is punishable from 1 day in the county jail up to 99 years in prison, or life in prison with the possibility of parole, and/or $1.00 up to $50,000.00 in fines. In Texas, CBN is treated the same as marijuana for purposes of punishment.

See also  Plus CBD Oil Hemp Drops

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 Pills Vs Oil

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.

How useful was this post?

Click on a star to rate it!

Average rating 3 / 5. Vote count: 1

No votes so far! Be the first to rate this post.