However, she said delivery of drugs through the mail seems to be a growing trend in recent years. For mailable controlled substances, generally both the mailer and addressee must meet either of the following conditions: Be registered with the Drug Enforcement Administration (DEA). Yes. I had two misdemeanor charges and she got one of them dropped and the other charge got changed to a petty misdemeanor. Our office is located in downtown Minneapolis in the Flour Exchange Building. What are the Penalties for Mailing Marijuana Through the Postal Service? I was arrested for visiting an escort, facing solicitation/prostitution charges. She was accurate in her estimation of the final charges that were filed. Be it prescription drugs or over-the-counter drugs when such mail is identified, and it will be seized and destroyed. Most dark net markets have user feedback rankings just like Amazon, which encourage reputable vendors to ensure their wares are (usually) a lot better quality than what you'd buy off some dude in a club. ", Instead of an army of sniffer dogs, international Customs operations use "risk matrixes" that raise red flags about certain packages. Call(850) 681-7777today orsend an online messageand receive a free consultation regarding your case with an attorney in our team. You will likely be. I was pleased with Judith Samsons work ethic..She worked from start to finish on my case, she explained in detail what was happining. There are in fact cases where someone has received drugs in the mail by mistake. However, unlike the risk of arrest for buying drugs in person, receiving drug through the mail comes with higher penalties. According to their terms and conditions, FedEx not only prohibits the mailing of cannabis flower and THC products, but also hemp plants, oil, and seeds. 453 Controlled Substances and Drugs | Postal Explorer - USPS Most Americans can access illegal substances with a simple click thanks to Internet access, Dark Net markets, and social networks like Instagram. Factors that raise suspicion with packages include: Unfortunately, if its got any THC above 0.3%, any cannabis-derived edible, cartridge, concentrate, and even topical can be seized and even used as proof of a drug-trafficking crime. For a free consultation, call 407-644-2466 or contact us online. If found guilty, pregnant women could face up to 15 years in prison and lose custody of their child. Under Federal law, it is illegal to mail any prescription drugs or pills. Mailing Weed: Is it Legal? | PotGuide Instead of deterring drug use, the law discouraged pregnant women with substance use disorder . What is the Penalty for Receiving Illegal Drugs by Mail - ExpertLaw The biggest issue is that the line between what constitutes personal use versus a marketable quantity is a lot finer than you'd probably imagine. Section 893.13 of the Florida Statutesoutlines the punishments for selling,manufacturing, delivering, andpossessing with the intent to sell, manufacture, or deliver controlled substances categorized as Schedule I, II, III, IV, and V.Furthermore,Section 893.135 of the Florida Statutescodifies drug trafficking charges. The Postal Inspection Service conducts investigations of individuals attempting to use the mail for drug trafficking. It is important to look at each statute in question to see if there is a mental state assigned. Persons registered by the Attorney General may manufacture, distribute, or dispense controlled substances. Is it worth risking the consequences? She reassured me throughout Judith responded right away as I reached out to her. This may seem obvious, but at this point in time it is not wise to send drugs through the mail. If drugs are found in the package, it is likely that there will be a controlled delivery where an undercover police officer dresses as the mailman and delivers the package. Namely, what is the risk of mailing or shipping weed or edibles through the mail? Additionally, as a government agency, the United States Postal Service is subject to federal law; any illegal use of their services is a felony. Get good reads, local deals, and strain spotlights delivered right to your inbox. link to How can I get out of a ticket in Texas? To meet your needs, I provide 24 hour service, off-site appointments, and a free initial consultation. It requires knowledge or intent. Why are there so many people willing to take a chance on something like mailing cannabis? Whoever accepts the parcel gets arrested, and there will likely be another search warrant executed for the residence. Most of the time, though, he assumed prosecutions rarely resulted from interceptions of small quantities. Thorough and effective in preparation and in the courtroom, compassionate and responsive with us as clients. For one Florida woman, she received an unexpected delivery after ordering shipping bins on Amazon. This means that you could face felony drug charges for receiving an amount of marijuana or marijuana products that might have only added up to a misdemeanor if you were caught with it locally. Hill also allegedly admitted he owed his methamphetamine source approximately $24,000. Home Blog What to Do When Busted For Receiving Drugs in the Mail. The homepage must have a hyperlink to page containing specific information about the pharmacy including address, contact information and licensing etc. The letter will also invite the addressee to write and challenge Customs' right to dispose of the package. People sometimes send drugs through the mail because unlike FedEx or UPS, the U.S. She turned my gross misdemeanor into a petty misdemeanor and was very prompt and professional every time we spoke. Unfortunately, obtaining a warrant is rather simple for them to do because packages containing narcotics can be suspicious in nature. The mail is also checked by drug-sniffing dogs or X-ray machines. Can You Mail Weed or Edibles Legally? | Leafly Since the USPS operates on federal law, it remains illegal and risky to mail cannabis and cannabis products anywhere in the US, including out of the country, state to state, and within a state, even if medical and/or adult-use laws are in place. In 2021, the DEA made less than 1,000 marijuana trafficking charges. Family begs for clemency as Singaporean set to hang for drugs - MSN Delta-8s legal status currently exists in a gray area; while the DEA has listed it alongside delta-9 THC on its scheduled substances list, it hasnt been officially scheduled as such, yet. It is possible that the package made it through the process without being detected and it is being watch under surveillance to see what you do with it. See 21 U.S.C. And both the receiver and the sender can likely be arrested, face fines or possible jail time. This button displays the currently selected search type. Ross hails from the west coast of Ireland but currently resides in Seattle, where he is a product manager for Leafly. Consequences will vary by state, but, as an example, in Wisconsin, any delivery or distribution of a controlled substance is a felony with a fine of up to $100,000 and 40 years imprisonment. The statute of limitation for non capital offenses is 5 years. She was always easy to get a hold, we were consistently on the same From the moment Judy became my attorney she has been always there to answer any questions or concerns whether I call her office or personally. Still, these hidden, online drug dealers dont have access to some secret, underground delivery method us mere mortals are unaware of; they simply use the Postal Service. We use cookies for certain features and to improve your experience. If, for example, it is sent as express mail, is heavily taped, has a phony return address, or sent from an area known as a drug trafficking source. FREQUENTLY USED FEDERAL DRUG STATUTES - United States Department of Justice If the package is being shipped under fake names (which USPS computers can easily discern), it attracts the attention of drug sniffing dogs, or has been shipped from a monitored, known drug shipping address, they are within their rights to get a warrant and open it. The quantities do vary state-by-state, and you can find a full list here. Posted on Feb 15, 2012. Section 893.03 of the Florida Statutescoverscontrolled substancesand explains how controlled substances are classified into different categories known as Schedules. The judgment shall also impose supervised release of at least 2 years in addition to imprisonment. Man charged with getting illegal drugs by mail | News | tribdem.com Leafly and the Leafly logo are registered trademarks of Leafly Holdings, Inc. All Rights Reserved. They all also specify that shipping any form of marijuana remains illegal and unacceptable. When you drop your package off at the FedEx or UPS store to be mailed, youre putting the property into the possession of a third party, and the Supreme Court has ruled that giving your package to a third party removes any reasonable expectation of privacy. We should note that none of these couriers policies explicitly address delta-8 products. Denver, CO 80203. For a person with a previous conviction accused of distribution, the punishment doubles to 10 years and $500,000 fine. It's best to talk with an experienced and aggressive Federal Criminal Defense Attorney as soon as possible. In Texas if a mental state is not assigned than it allows for at least a reckless mental state. But what happens if your bargain price international bag does get picked up at the border? In a handful of odd cases where people were caught, Peter said they'd just ignore letters from the court and keep on ordering stuff to their home address, pretending as though nothing was wrong. Disclaimer: The information you obtain at this site is not, nor is it intended to be, legal advice. The registration period for list 1 chemicals (used in the manufacture of controlled substances) is for no less than one year or more than three years. Information provided by this website or this company is not a substitute for individual medical advice. In fiscal year 2011, the most recent reported, the Postal Inspection Service reported 1,327 arrests and 1,102 convictions in drug cases nationwide. Be exempted from DEA registration, such as military, civil defense, and law enforcement personnel, in performing official duties. PDF U.s. Postal Service Strategy Combating Illicit Drugs in The Mail It is 5 years. This is an official notification that officers have picked up an item on the banned list. Why is it so important to test cannabis products? Shipping edibles does not have a much different position with the law than marijuana. This means that they cannot be searched or seized. I was beyond embarrassed and extremely scared. The following is a list of controlled substances commonly seized from drug packages in the United States: USPS is not the only means of shipping drugs in the United States. Penalty of receiving drugs by mail (revised) | Bluelight.org Examples of these have been leaked onto the dark net, if you're inclined to find out more. Marijuana in the Mail: What You Should Know Before Mail Ordering If your registration has been approved, then you are allowed to ship the prescription drugs through the mail. Call 407-644-2466 for a free consultation with an Orlando Drug Charges Attorney at the Rivas Law Firm. Its totally at the discretion of the prosecutor. If you are caught accepting a mail delivery containing over 20 grams of marijuana, the penalty would be a third-degree felony, which could result in five years in state prison and up to a. Inmates at Fulton County Jail have been receiving drugs drugs through the mail, according to deputies. Packages Suspected of Containing Marijuana | Office of Inspector Judith samson made me feel at ease. They say the contraband isn't "in" the mail, but rather "on" it. Law enforcement combat illegal drugs being sent through the mail - WTKR If the recipient accepts the package, an arrest can be made. Can I get Financial Aid if I have a Drug Conviction? The package has been sent from Puerto Rico (a known drug source location), The package was sent from an address outside of the zip code of the return address, The name of the sender does not match the return address. However, the penalty can vary depending on the regulations of the state. This is considered distribution of a controlled substance. We should also note that even if you did not mail the package and are only the recipient, your knowledge and participation in the planning of the shipping makes you just as guilty as the person who mailed the package. Please do not send any confidential information to us until such time as an attorney-client relationship has been established. She knows what she does and you can tell she's experienced and knowledgeable the moment you speak to her. Judith represented my son on a DWI charge, and obtained an excellent outcome for him. Are people getting away with mailing cannabis? You need the best criminal defense you can get when your life and liberty are on the line. "Sometimes people would get called in for a 'chat' with the police; however, the impression I was given from what I read on the forums was that in most situations the police were not that interested in pursuing matters that rigorously," he said. We got a great result one we could not have even hoped Judith handled my case in just one visit and I didnt even have to go before a judge. An agent or employee acting in the course of employment for a registered manufacturer, distributor or dispenser. Surely you get arrested right? Carrier or warehouseman possessing in the usual course of employment. Florida is extremely strict when it comes to drug trafficking, and you could potentially face felony charges. Put simply, the sheer volume of packages the carrier handles every day offers the chance that contraband packages will get delivered unchecked; the United States Postal Inspection Service enforces over 200 laws with over 1,200 inspectors. You can extract it from federally-legal hemp plants, so you should be able to ship it anywhere in the country, right? (AbodbeStock), Outdated, handwritten or missing return addresses. I sometimes get nervous phone calls from people worried about what they may have done illegally in the past. The question of whether accepting a package of illegal substances through the mail can open someone up to a police search or even criminal charges even if the recipient claims not to know the contents is among the legal issues surrounding a recent raid on a Beach Park home. I highly recommend Judith Samson-you will not find a lawyer who cares more for the client than Judith. Is it illegal to receive drugs in the mail? May 11, 2021 A Portage man faces felony and misdemeanor drug charges, accused of using the U.S. But all that is on hold until the rest of the states catch up. In fiscal year 2015, the Postal Inspection Service seized about 34,000 pounds of marijuana from the mailstream. If you get caught sending or receiving illegal drugs in the mail or through a parcel service like FedEx or UPS, you could be facing federal felony drug trafficking charges. Since many states have decriminalized marijuana, it may not seem that risky these days to mail some weed to a friend. Through a Motion to Suppress, a judge could rule that evidence seized without probable is inadmissible. However, without the acceptance of the DEAs registration, you can face criminal charges for the misuse of prescription medicine. Luckily for Peter he was eventually released with time served. The only way around this is to register as an eligible entity approved by the DEA. . The US Post Office says postal inspectors across the country work every day to protect postal employees and the American public by leading the effort to eliminate drugs and contraband in the U.S.. The USPS has been making deliveries for centuries, yet many Americans still dont fully grasp the organizations mailing laws. On average, 1,000 suspects are arrested by postal inspectors each year for trafficking drugs and laundering drug money via the U.S mail in 2019, they made over 2,500. Brisbane nurse Peter Nash knows first hand what happens when the authorities find out you've been dealing with a dark net market. While it can be difficult to convince law enforcement that the package shipped to your home with your name on it is not yours, it doesnt mean it is impossible. But this is just my opinion. Contributing to the Delinquency of a Minor, Assault or Battery of Law Enforcement Officers, Fleeing to Elude a Law Enforcement Officer, Failure to Obey a Lawful Order by Law Enforcement, False Reports to Law Enforcement Authorities, Drug Trafficking Charges / Possession with Intent to Sell, Possession with Intent to Sell / Marijuana Trafficking Charges, Importation / Smuggling Cannabis-Marijuana, Methamphetamine (Crystal Meth) Possession Charges, Possession of a Firearm by a Convicted Felon, Improper Exhibition Of Weapon or Firearms, Trespassing on School Grounds with a Weapon, Unlawful Installation of Tracking Device or Application, Human Trafficking Survivors Criminal Record Relief, Florida Homeowners Insurance Claim Lawyers, Citizenship & Naturalization Lawyer in Orlando, Criminal Appeals and Post Conviction Relief Attorneys. The penalty for receiving drugs in the mail is drug trafficking charges. If there is probable cause to believe the contents of a letter or package violate federal law, postal inspectors can get a search warrant to open it or can ask the sender or recipient for consent to check it, Kenney said.