This article originally appeared on cannabis.net and is republished with permission.
The legalities of traveling and shipping cannabis or products made from it can be overwhelmingly confusing. there are many things to consider, and they are important to know especially for medical patients who rely on cannabis to manage illnesses, have trouble getting to a dispensary near you, or need to get rid of marijuana after traveling to a cannabis-friendly state.
The short answer is: No, it is illegal to ship marijuana products and edibles within the United States. At the time of this writing, marijuana remains a federally illegal substance, which means that it is illegal in the eyes of the federal government. The United States Postal Service (USPS), as well as other private postal companies, are managed and controlled by the government. If any criminal activity is discovered, sent by mail, it can lead to federal criminal offenses, which are analyzed in the code 1716 of the United States.
Individuals who are caught shipping marijuana even from one legal state to another can be prosecuted by the federal government. This can also lead to state charges based on the quantity of illegal drugs. However, if you are caught mailing cannabis within a state where cannabis is already legal, the best course of action would be to seek the help of a drug defense attorney.
The current law establishes that the shipment of 50 kilos of marijuana through the UPS can carry up to 5 years in prison with a fine of up to $250,000. Both FedEx and UPS do not allow the shipment of products that are not federally legal, although USPS must obtain a search warrant, while FedEx, UPS, and other private couriers do not. that means they can open your package if they think it’s necessary to do so. note that postal workers are also rewarded, sometimes to the tune of $50,000, if they can identify packages containing marijuana and report the people behind them.
groceries
Since many people have been able to get away with traveling internationally with groceries in their suitcase, you may think it’s okay to mail it. however, the answer is still no.
edibles with thc remain illegal at the federal level, and since the united states postal service is an agency of the federal government, anyone caught can be subject to heavy fines and even risk jail time . Both the recipient and the sender can be penalized.
hemp and cbd
mailing raw hemp plants can only be done legally to pre-approved individuals or businesses within the united states. UPS can now accept any product made from hemp and CBD, under state and federal law. however, the responsibility for ensuring compliance rests with the shipper, so it’s best to research current foods, drugs, and products. cosmetic act.
Related: It’s official: Cannabis vape products cannot be shipped via USPS, including hemp-cbd
Under the 2018 Hemp Farming Act, CBD is legally considered to be any product made from hemp that contains less than 0.3% THC. Although CBD can be produced from other plants that are higher in THC, only a few places can legally sell CBD made from marijuana instead of hemp. but cbd products are not as strictly regulated in areas where medical or recreational marijuana has already been legalized.
also keep in mind that cbd must be legal in both the place of origin and destination. There are still some states that sadly ban the sale of cbd products, while complex restrictions in various places can make shipping more confusing than it should be.
Currently, the USPS requires businesses that ship CBD to make sure that all state, federal, and local laws have been complied with though this isn’t limited to the THC content in each product. The proper documentation is also critical for compliance. This is why it’s become easy for online cannabis businesses to ship out raw hemp or other hemp-based products.
related: what happens if you try to sneak groceries on a plane?
It’s also important to note that marijuana businesses are treated differently compared to people who want to ship marijuana, hemp, or edibles for personal reasons. Again, while many people have gotten away with it in the past, remember that this could be a matter of luck. You would have to ask yourself if it would be worth getting caught. after all, if you’re traveling to a destination where it’s legal for recreational use, you’re better off buying it there.
Because the laws related to the transportation of marijuana are constantly changing, the best thing to do is consult an attorney before attempting to do it yourself. this can save you the headaches and legal problems that could arise from doing it incorrectly or illegally.
legal status
Buying marijuana and thc products online is easy to do in states where it is legal. heck, you could even have it delivered right to your door with no questions asked, except you have to prove you’re at least 21 years of age to do so. Also, city and state laws can vary, especially when it comes to how much you can buy, keep at home, and where you can smoke cannabis.
many licensed dispensaries offer secure options for buying and receiving marijuana online. just make sure you buy from a reputable company. As always, research the applicable laws in your area.
This article originally appeared on cannabis.net and is republished with permission.