FOUR OAKS, N.C. -- A Johnston County woman faces a marijuana possession charge after police searched her home, but she says what they found isn't marijuana.
- Cannabidiol or CBD is a cannibinoid related to marijuana, containing no more than 0.3% THC, the active ingredient in marijuana that gets you high.
- Even though the woman has documentation showing the makeup of her CBD products, that's simply not enough to convince all law enforcement officers.
- Attorneys say it's still important to have documentation on-hand showing any medical conditions you may be treating with CBD.
Cannabidiol or CBD is a cannibinoid related to marijuana, containing no more than 0.3% THC, the active ingredient in marijuana that gets you high. It's a perfectly legal substance in all 50 states. Amanda Furstonberg says Four Oaks Police charged her for possessing it.
"I get a police officer not knock at my door, but go to the window and say, 'Where is the weed?" Furstonberg said. "And I was just like, 'There is no weed. It's not weed. It's hemp. It's CBD. It is hemp flower. They didn't believe me."
Furstonberg said she's not sure who or what tipped police that she may possess marijuana. And Four Oaks Police did not return our request for comment Thursday. She's now charged with misdemeanor possession of marijuana, though she says they only found CBD.
"The only way law enforcement's ever going to know, is they send it off to a lab, and pay for a fairly expensive test to see how much THC is in there," said John Fanney, an attorney who has fought and won similar cases before.
Even though Furstonberg has documentation showing the makeup of her CBD products, that's simply not enough to convince all law enforcement officers.
"As far as the legislature's concerned, we're starting to legalize people using and having small amounts of marijuana," Fanney said. "That would eliminate the problem. Don't know if we'll ever get there."
Field tests for police are another possible solution, though Fanney points out field tests can give false positives.
Wake County District Attorney Lorrin Freeman said the SBI and the Hemp Commission are providing training to law enforcement to better identify marijuana and its legal family members.
"You know, law enforcement and prosecutors are trying to kind of find their way through this maze, and figure out what this means, in terms of enforcement," Freeman said.
"This is an area that, you know, is changing, as we're working our way through it. And we'll continue to monitor what the law has to say about it."
Freeman and Fanney said it's still important to have documentation on-hand showing any medical conditions you may be treating with CBD. Furstonberg said CBD has been more beneficial in treating her ailments than prescribed opioids.
Furstonberg also says she wasn't sure she'd be able to fight the charge against her, due to the cost of fighting it in court, but while we were with Furstonberg and Fanney Thursday, John Fanney agreed to take up Furstonberg's case.