Update (05/24/19): LiveLeak has released a video of Burkhalter's arrest.
According to deputies, Burkhalter felt like she was unable to breathe, after requesting to take a separate squad car. Please be careful with your CBD!
For Hester Jordan Burkhalter, 69, it happened fast. On April 15th, security officers at a Disney World Checkpoint in Orlando determined that they had found “illegal narcotics believed to be THC oil” in her handbag, according to USA Today, which obtained Burkhalter’s arrest affidavit.
Burkhalter, according to the Orange County Sheriffs department, refused to answer if her tincture contained THC. The bottle was then tested for THC on the spot, and the kit ended up turning red, indicating the presumption of a positive test for THC.
Burkhalter was then arrested for possession of Hashish, which is a felony, whereupon she was later released on $2,000 dollars bail. Burkhalter, a North Carolina great-grandmother indicated that she had been prescribed the oil by her doctor to help ease her arthritis, telling her local news outlet “I use (CBD oil) for the pain because it helps”
Luckily for Burkhalter, the charges were dropped by prosecutors.
With that being said, Burkhalter arrest gives me a chance to make a couple of important points.
1: Make sure wherever you buy CBD provides testing on their CBD
I went ahead and visited Select CBD’s website in order to do my own research on what products they offer. Specifically, I went ahead and looked at their tinctures, which they claim are made with “CBD enriched hemp extract”
Now, Select CBD does provide testing – but there is no indication whether these products are CBD Isolate, or Full Spectrum CBD from simply visiting their website. That’s a potentially important difference, as full-spectrum CBD products do have THC, although it is federally mandated to be less than .3%.
While Full-Spectrum CBD is legal – it is possible for some confusion, as was the case with Burkhalter. To avoid any confusion, we suggest that you consider using CBD isolate products, which are CBD oil with no THC.
2: Be careful where you bring your CBD oil
While it is unfortunate that mix-ups like these happen, they do happen occasionally. While it’s unlikely you’ll run into trouble like Burkhalter, it’s best to do your due diligence. For example, if you’re only going somewhere for the day, take your CBD prior to leaving and then leave it at home.
Or, choose a water-soluble CBD oil and blend it into your drink before you go. You can also use other methods, including vape pens, or edible CBD treats. These are more discreet, and you won’t have to worry about any silly misunderstandings.
3: Remember, there is still a lot of misinformation around CBD and THC
We know you know that the CBD molecule isn’t the same as THC, that it doesn’t get you high, and it doesn’t cause impairment like THC does. However, the spread of information is slow, and the industry is rife with misinformation. We urge you to always take any claims made with a grain of salt, just so you can avoid preventable situations like this.
4: Don’t be afraid to ask questions
In Burkhalter’s case, it’s unclear what she knew or didn’t know in regard to her CBD oil. However, with CBD not being regulated by the FDA, there’s variance in products on the market.
Some important questions to answer when considering CBD:
Q: What kind of oil is it? Is it full-hemp extract? Hemp seed oil? Full-spectrum oil? CBD isolate?
A: As we previously mentioned, hemp extract can either refer to full-spectrum CBD oil or CBD isolate. When finding the best CBD oil for you, we advise you ask each manufacturer what’s in their oil.
Reputable manufacturers will have no problem providing this information for you. There are also companies claiming that hemp-seed oil has CBD. While Hemp Seeds are a natural superfood, they contain very low amounts of CBD and should not be taken if you’re looking for a CBD supplement.
Q: Why is your price so low?
A: A friend of mine recently tried to get me to buy a 3000mg Hemp Extract tincture for $22 dollars that he had been using. I was skeptical, because the process of creating and testing CBD is expensive – and it turned out that my instinct was correct. The bottle was Hemp Seed Oil, which is still great for you, don’t get me wrong, but it has very little CBD.
5: Take everything you’re told with a grain of salt.
A research letter was published in Jama in 2017 that analyzed several CBD brands and the actual composition of their CBD oil. 42% of the products in their study were under labeled, while 26% were overlabeled. Even worse, 18% of the samples tested positive for THC, including up to 6.43 mg/mL, which is under the threshold of what could cause a drug test failure, but still concerning if you consume too much CBD oil.
In conclusion: ask questions and do your own research. We don’t want you to end up getting the run around just like Hester Burkhalter did last month.