As the legal marijuana market in California grows, sellers and consumers alike are increasingly wondering if it is possible to legally mail marijuana within the United States. The answer is a simple and resounding no. More importantly, this is true regardless of whether the origin or destination of the shipment has laws legalizing marijuana. let’s understand why.
Under the federal controlled substance law, cannabis is a Schedule I drug. Schedule 1 controlled substances are those that, in the opinion of the United States government, have a high potential for abuse and have no currently accepted medical use.
And when it comes to our country’s mail delivery services, federal law takes precedence over all other laws in the country. as a result, sending marijuana through the mail is illegal in all modes of mail delivery. This includes private carriers such as FedEx and UPS, as well as the United States Postal Service (USPS).
marijuana and the united states postal service
using usps
Because the USPS is an agency of the federal government, it must strictly follow federal guidelines. Using the United States Postal Service to ship marijuana, even within the territorial limits of California (a state where marijuana is legal), is a felony for anyone under the age of 18. code 1716.
however, since we postal workers are employees of the federal government, we need a court order based on probable cause to search a package for drugs. according to the usa postal inspection service, “first-class letters and packages are protected from search and seizure under the fourth amendment to the constitution and, as such, cannot be opened without a search warrant.”
Since the USPS offers some protection against searches and seizures, it understandably seems like the safest way to ship marijuana. However, if a package appears suspicious, the USPS can obtain a search warrant. While this may seem like an acceptable risk, the penalty for mailing drugs across the US is . uu. mail can carry up to a year in federal prison and a fine of up to $250,000.
use ups or fedex to send marijuana
use of third party operators
Unlike the USPS, third-party private carriers, such as UPS, FedEx, and DHL, are not federal agencies. as such, they don’t even have to obtain a court order to search a suspicious package.
In fact, the Supreme Court ruled that giving your package to a third party “removes any reasonable expectation of privacy.” this means that private carriers have the right to open and inspect any package at their discretion.
In addition, large private carriers have time and again affirmed their willingness to cooperate with federal law enforcement to crack down on illegal mail-order drug trafficking.
for example, in 2014 fedex was charged with conspiracy to distribute controlled substances by transporting illegal painkillers and other prescription drugs. And in 2013, UPS paid $40 million to settle a federal investigation into shipping drugs from illegal online pharmacies. Although none of these cases involved cannabis, it shows how great the incentive is for private carriers like UPS and FedEx to screen packages for illegal drugs.
Risks of sending marijuana by mail
The risks of sending marijuana through the mail are significant. For one thing, you may be charged under federal law or the law of the state in which the cannabis shipment originated or the state in which it was delivered. additionally, charges will be aggravated for interstate traffic and based on the amount of marijuana. And under federal guidelines, mailing as little as 50 grams or less of marijuana can land you in the federal penitentiary for up to five years.
To make matters worse, USPS employees and private carriers are being offered a “reward” of up to $50,000 for information leading to the conviction of people sending illegal substances through the mail. Even if you are only the intended recipient of the package, if you knowingly receive marijuana in the mail, your involvement in the shipment is enough for you to be charged with conspiracy to distribute an illegal substance.
In short, postal services are not drug mules. With the increase in the number of states legalizing marijuana, the DEA now more closely than ever keeps a close eye on package shipments across the country.
yes, it is possible to transport marijuana by mail. It happens every day and people get away with it. but remember, you are playing with the odds. The best advice we can give our customers is not to use the post office to send their pot. At a minimum, mail no more than 1 ounce (the California limit for recreational marijuana possession) and only within California limits.
Disclaimer: This article has been prepared and published for informational purposes only and is not offered or should be construed as legal advice.