CBD Oil Arrest

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

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.

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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.

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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.

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.

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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.

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

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