ALVA Woodpeckers build home in Alva woman’s house You may have heard of squatters, but this woman is dealing with squawkers. Who needs a rooster to wake up when you have woodpeckers?
FORT MYERS Man claims he was trapped in a high-rise for 5 days A 77-year-old man wants justice after he claims he spent days trapped on the 24th floor of a high-rise apartment building.
PUNTA GORDA Charlotte Correctional prisoner arrested for death of another inmate State Attorney Amira Fox convened a grand jury, which decided to move forward with a case against a Charlotte Correctional inmate.
SANIBEL Construction near Dairy Queen eagle nest on Sanibel raises concerns While many eagle nests may be a bit difficult to see, one nest has always been a favorite for Sanibel residents and tourists.
The environmental effects of artificial sweeteners Experts are studying how the foods we eat affect the environment, especially after we flush our waste down the toilet.
Victim reacts to man exposing himself to her Ring camera You get a notification on your phone from your ring camera app that someone is at the door, only to find out it is someone exposing themselves. It’s the last thing victim Maria Kivi wanted or expected to see last week.
LEE COUNTY The art of capturing your eye and drawing you in How do you capture young, hip, trendy, fun, movers and shakers, all in a pose? We take you behind the scenes of a Gulfshore Life cover shoot.
FORT MYERS The lives of two SJC Boxers changed in the ring Two SJC Boxers, Mario Nunez and Arbon Kurtishi, help each other in the ring as each of them had their lives changed because of boxing.
FORT MYERS Chlamydia cases rising sharply in Lee County If you think about a crowded space- something with more than 250 people- if it’s in Lee county, statistically one person has chlamydia.
SANIBEL Sanibel resort day passes hope to get more business on the island A pass will allow vacationers to hang out at a Sanibel beach club for a day in hopes of drumming up some business.
Voting equipment tested ahead of Lee County elections Voting equipment is being tested in Lee County. This is to ensure all ballots are printed and counted correctly for the upcoming election.
Collier County teen assaulted after leaving party The teen has been charged and the sheriff’s office said they’re aware that many believe felony charges are in order, but under Florida law, there are very specific criteria that must be met for felony charges to be filed.
WINK weather team watching tropical wave over Atlantic Ocean The Weather Authority is watching a tropical disturbance over the Central Atlantic Ocean.
CAPE CORAL Cape Coral drug bust leads investigators to fake fentanyl, cash and guns Cape Coral man arrest on drug charges. Investigators said they found, guns, drugs, and more than $32,000 in Richard Riley’s home.
NAPLES Naples youth flag football team to compete in Ohio tournament This weekend, the Naples Lunatics Green will compete in the Superhero Sports tournament in Canton, Ohio.
ALVA Woodpeckers build home in Alva woman’s house You may have heard of squatters, but this woman is dealing with squawkers. Who needs a rooster to wake up when you have woodpeckers?
FORT MYERS Man claims he was trapped in a high-rise for 5 days A 77-year-old man wants justice after he claims he spent days trapped on the 24th floor of a high-rise apartment building.
PUNTA GORDA Charlotte Correctional prisoner arrested for death of another inmate State Attorney Amira Fox convened a grand jury, which decided to move forward with a case against a Charlotte Correctional inmate.
SANIBEL Construction near Dairy Queen eagle nest on Sanibel raises concerns While many eagle nests may be a bit difficult to see, one nest has always been a favorite for Sanibel residents and tourists.
The environmental effects of artificial sweeteners Experts are studying how the foods we eat affect the environment, especially after we flush our waste down the toilet.
Victim reacts to man exposing himself to her Ring camera You get a notification on your phone from your ring camera app that someone is at the door, only to find out it is someone exposing themselves. It’s the last thing victim Maria Kivi wanted or expected to see last week.
LEE COUNTY The art of capturing your eye and drawing you in How do you capture young, hip, trendy, fun, movers and shakers, all in a pose? We take you behind the scenes of a Gulfshore Life cover shoot.
FORT MYERS The lives of two SJC Boxers changed in the ring Two SJC Boxers, Mario Nunez and Arbon Kurtishi, help each other in the ring as each of them had their lives changed because of boxing.
FORT MYERS Chlamydia cases rising sharply in Lee County If you think about a crowded space- something with more than 250 people- if it’s in Lee county, statistically one person has chlamydia.
SANIBEL Sanibel resort day passes hope to get more business on the island A pass will allow vacationers to hang out at a Sanibel beach club for a day in hopes of drumming up some business.
Voting equipment tested ahead of Lee County elections Voting equipment is being tested in Lee County. This is to ensure all ballots are printed and counted correctly for the upcoming election.
Collier County teen assaulted after leaving party The teen has been charged and the sheriff’s office said they’re aware that many believe felony charges are in order, but under Florida law, there are very specific criteria that must be met for felony charges to be filed.
WINK weather team watching tropical wave over Atlantic Ocean The Weather Authority is watching a tropical disturbance over the Central Atlantic Ocean.
CAPE CORAL Cape Coral drug bust leads investigators to fake fentanyl, cash and guns Cape Coral man arrest on drug charges. Investigators said they found, guns, drugs, and more than $32,000 in Richard Riley’s home.
NAPLES Naples youth flag football team to compete in Ohio tournament This weekend, the Naples Lunatics Green will compete in the Superhero Sports tournament in Canton, Ohio.
Photo by WINK News. The cannabis chemical CBD is for sale all over Southwest Florida in a variety of products. Driving down U.S. 41 in Fort Myers, you can’t miss all the stores selling the popular hemp product. Extracted from hemp, CBD (or cannabidiol) won’t get you high, but users say the popular product helps them fight things like pain, anxiety, and insomnia. And you don’t need a medical marijuana card or to go to a dispensary to buy it. “There’s more curiosity for people to look into this as an option,” Rob Fontano, owner of Cirrus Smoke Shop in Fort Myers, said. He said he’s been selling it for about a year. Jimmy Java, owner of Jimmy’s Java, just started selling the hemp-based compound at farmer’s markets, adding it to his coffee. “That’s what made us get into it is, the market demanded it,” he said. “And we can’t keep it on the shelves.” But during this WINK News investigation, we found the soon-to-be multi-billion dollar industry has its issues. For starters, the state of Florida says it’s not legal, writing in an email: “At the present time, CBD products are not legal for sale in Florida.” So how did it end up for sale on nearly every street corner? CBD in a Legal Gray Area “There are more questions than there are answers,” said Pamella Seay, attorney and Florida Gulf Coast University marijuana law professor. Seay said it’s all up to interpretation. “The law is in a state of turmoil, we really do not know what is legal or not legal within the framework of both state and federal law,” she said. It’s unclear, in part, because last December federal lawmakers made it legal for states to create commercial hemp programs as part of the 2018 farm bill. Lawmakers also redefined hemp, taking it off the list of Schedule I drugs, under the Controlled Substances Act. WINK News received this statement from the Drug Enforcement Agency (DEA): “With passage of the 2018 farm bill, any part of the marijuana plant (including seeds, derivatives and extracts) that have a THC concentration of no more than 0.3 percent THC are now defined as “hemp” and accordingly, do not fall under DEA’s purview. Therefore, if CBD came from a “hemp” plant (a plant with less than 0.3 percent THC) it would also not fall under DEA’s purview. Most CBD is less than 0.3 percent THC. Please note that I am saying “not under DEA’s purview” instead of “legal.” That is deliberate. CBD may still be “illegal” depending on local or state laws, and depending on what you are doing with the CBD you may fall under FDA’s jurisdiction (for example if you are purporting it to be a medicine or cure diseases). But if it is below 0.3 percent THC, it is not in DEA’s purview. Also, just as a side note, if the plant is 0.3 percent THC or ABOVE, it is absolutely DEA’s purview and is still illegal. That would legally be considered marijuana which is still an illegal Schedule I controlled substance just as it always was. Anyone distributing products containing 0.3 percent or more is breaking federal law and could be subject to prosecution.” Sounds like a green light for CBD, right? Not so fast. “The answer is maybe or maybe not,” Seay said. “I do believe that business owners may be taking a calculated risk.” It’s a risk some businesses are clearly willing to take. “If you don’t have specificity in the law, how do you enforce that?” Seay said. When WINK News checked back in, both business owners said they make sure their CBD vendors follow federal laws according to the 2018 farm bill, and they’ve been in touch with local law enforcement. “Their position was as long as these products are tested properly and these products do not exceed the legal limits and do not contain anything synthetic or illegal, that they’re ok with it,” Fontano said. Jimmy Java told WINK News his product was mistakenly pulled from the Marco Island Farmer’s Market by city workers, who reported him to the Collier County Sheriff’s Office. He’s since returned to selling it there. “They called the sheriff’s department and sheriff’s department said, ‘no it’s not illegal,” Schillreff. So, they don’t plan to close up shop anytime soon. WINK News reached out to Lee, Collier, and Charlotte County Sheriff’s Offices on this issue, see their statements at the bottom of this article. In the meantime, what’s being done to clear up the grey area? The Florida Department of Agriculture told us it’s working on creating a statewide hemp program. Once lawmakers pass a bill and it is approved by the USDA, CBD will officially be legal in for sale in Florida and highly regulated so that consumers can feel more comfortable buying it. Submit Copyright ©2024 Fort Myers Broadcasting. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed without prior written consent.