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The Florida Bar

CBD Oil Will Be Legal in 2019

The recent criminal arrest of Hester Burkhalter at Walt Disney World in Orlando Florida has brought much attention to the State law criminalizing the possession of CBD Oil. The fact that CBD is legal under Federal law is of no consequence to the enforceability on the state level claims Attorney William Moore. Many State and Federal criminal statutes directly conflict one another.

State and Federal Drug Laws Conflict

One example is Florida’s legalization of Medical Marijuana despite its clear prohibition by the Feds. This is the same kind of thing, just oddly in reverse. With respect to CDB, at least we will see uniformity on July 1st, 2019 when laws legalizing CBD go into effect. This isn’t to say that there won’t still be a few issues to contend with from a criminal justice standpoint.

Police Valtox Drug Test Kits

CBD Oil contains a trace amount of THC which, when tested by Valtox kits, produce positive results which could confuse some police officers. According to Moore, this is precisely what happened in Orlando when Burkhalter, a 69 year old grandmother was arrested and held in custody for over 10 hours.

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