But what happens if you use the USPS to send mail that contains illegal substances? According to the USPS: first class letters and parcels are protected against search and seizure under the Fourth Amendment to the Constitution, and, as such, cannot be opened without a search warrant.. In fiscal year 2015, the Postal Inspection Service seized about 34,000 pounds of marijuana from the mailstream. We pursue traffickers of all forms of illegal narcoticsincluding marijuana, which remains illegal under the federal Controlled Substances Act and is therefore unmailable. "Just receiving a package without knowing its contents isn't sufficient to be convicted of a crime.". More than 200 federal laws protect the sanctity of the US mail, enforced by the US Postal Inspection Service. The statistics provided are not going to tell us how many shipments of drugs successfully were mailed and received at their destination. The answer is a resounding no. The quantities do vary state-by-state, and you can find a full list here. Yes. Inmates at Fulton County Jail have been receiving drugs drugs through the mail, according to deputies. Plus, marijuana is still a Schedule I drug. Singapore is set to resume executions for the first time in six months on Wednesday, with a 46-year-old man facing the gallows in a case that has reignited criticism of the city-state's use of . However, unlike the risk of arrest for buying drugs in person, receiving drug through the mail comes with higher penalties. Pennsylvania law breaks down the offenses and penalties related to marijuana into four main categories: Possession: If you possess 30 grams or less of marijuana, it is charged as a misdemeanor and punishable by up to 30 days incarceration and a maximum fine of $500. Leafly and the Leafly logo are registered trademarks of Leafly Holdings, Inc. All Rights Reserved. But some states have passed their own laws against shipping and selling it, likely because its products do not have to be tested and regulated like delta-9 THC. An agent or employee acting in the course of employment for a registered manufacturer, distributor or dispenser. It is important to remember this when considering your rights in the federal justice system. Records say the overnight packages were delivered to homes in Virginia Beach, Norfolk and Chesapeake on at least 21 occasions. Kenney, the postal inspection service spokeswoman, declined to discuss the Beach Park investigation specifically beyond confirming an agency inspector's involvement. In fact, in 2016 the USPS founded the Administrative Non-Mailability Protocol (ANP) program, which does not require postal inspectors to obtain search warrants to open detained packages. In fact, if a package is detained and they dont receive a response form the mailer or addressee in 21 days, the package is considered abandoned and they can open it anyway. "That's usually not how it happens. This is unlikely though if it is a small amount of marijuana. She led you through the process and guided you through the system with ease. I sometimes get nervous phone calls from people worried about what they may have done illegally in the past. I was arrested for visiting an escort, facing solicitation/prostitution charges. Affordable Criminal Lawyers in San Antonio, Can I check my Drivers License Status Online. For a person with a previous conviction accused of distribution, the punishment doubles to 10 years and $500,000 fine. So are you going to get hauled away by the cops, or is it just not worth it for the already clearly busy Border Protection forces? The authorities investigated the case, and neither the husband nor wife were arrested. USPS actively encourages workers and the public to get involved in the identification of packages containing drugs by offering $50,000 to anyone who provides information that leads to the arrest and indictment of a drug trafficker. Are people getting away with mailing cannabis? Often when receiving drugs, they need to cross state lines to reach your home. ", Plus, if you're ordering from overseas, your mail probably isn't being as closely monitored as you think. Home Blog What to Do When Busted For Receiving Drugs in the Mail. Colin Miller, an associate law professor at the University of South Carolina who edited the latest edition of Illinois Criminal Procedure, said most courts, including those in Illinois, uphold the use of an "anticipatory" warrant, whose execution is triggered by an anticipated action that suggests criminal activity, such as the acceptance of a package containing marijuana. The only way that an item sent through USPS can be seized and searched is with a search warrant. 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. And we mean relatively. Addiction Help The mission of the Inspection Service is protecting the American people and the U.S. Mail from illicit drug activity. For third party couriers, the onus of responsibility falls on them to report illicit packages to the authorities, who can acquire warrants and open investigations. But should it be? Combating Illicit Drugs in the Mail - USPIS Help for Assault Family Violence Causing Bodily Injury. Unfortunately, using private services like UPS or FedEx allows the shipping service to open any package at their discretion. That means anything under 50 grams can potentially get you up to five years in a federal penitentiary, and the penalties only increase as the amount grows. Both FedEx and United Parcel Service (UPS) are companies that ship domestically and internationally. When expanded it provides a list of search options that will switch the search inputs to match the current selection. Under the criminal code, importing as little as 0.5 gram of MDMA or two grams of coke can see you charged as a drug trafficker. Shipping edibles does not have a much different position with the law than marijuana. In this case, the drug packages DID cross state lines. Records state that a member of the investigative team acted in an undercover capacity as an unscrupulous USPS employee with a confidential informant to arrange for the delivery of the refused parcel in Virginia Beach. Getting illegal drugs in mail a crime if recipient knows it link to How can I get out of a ticket in Texas? Namely, what is the risk of mailing or shipping weed or edibles through the mail? It's best to talk with an experienced and aggressive Federal Criminal Defense Attorney as soon as possible. Police: Auburn man arrested after receiving $3 million worth of Potential defenses include: One important thing to remember is that in order to get a conviction for mailing or trafficking drugs, the prosecution needs the evidence to be solid. Postal inspectors play a key role in helping wage the nations War on Drugs, including cannabis. Which Illegal States Are the Most Cannabis Curious? TheFourth Amendmentprotects the rights of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures and this protectionshall not be violated, and no warrants shall issue, but upon probable cause.. Our prohibited narcotics program focuses on the disruption of organized narcotics-trafficking operations, to help protect employees and customers from the violence related to drug trafficking, and to inhibit the spread of illegal or unmailable substances into neighborhoods across America.. Consider the Orlando Criminal Defense Attorneys at the Rivas Law Firm. The woman claimed that they felt something wasnt right when they received the order, that the containers had an extremely strong odor and were much heavier than they should have been. This means that they cannot be searched or seized. For now, mailing marijuana in an amount less than 50 kilos carries a maximum penalty of up to five years in prison and a fine of up to $250,000 if you have no criminal record and you are not charged with other federal crimes that carry additional penalties. It is a federal offense unless a person has the proper licensing. How to Mail Prescription Drugs | Easyship Blog I dont know the answer. Does USPS check packages for drugs? - TimesMojo Then it is likely that a drug dog will examine the package. Made key points and cut out all the middle stuff and had a clear plan. From banned books to illegal weapons, they can be bought online. 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. It is impossible to know how many packages successfully are mailed. Any individual who engages in shipping marijuana across state laws could face criminal charges involving drug possession and even drug trafficking. The threat of prosecution decreases if a package is not detected. "If the police can't prove which computer the order came from, and all they have is evidence of it being mailed to an address in a package addressed to a name that isn't your name, then there's going to be the issue of proving 'exclusive possession. She is very hardworking, honest, and always willing to take a call to answer questions or address concerns. 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. Ross hails from the west coast of Ireland but currently resides in Seattle, where he is a product manager for Leafly. It was the worst and most humiliating experience of my life. Judy is one of a kind. Then, an unidentified male contacted the post office concerning the refused parcel and requested re-delivery of the package. What is the Punishment for a DWI in Texas 3rd Offense? Authorities said they discovered three pounds of meth inside the package. The best defense against these charges begins with a thorough investigation of the case by a tenacious federal criminal defense attorney. By accessing this site, you accept the Terms of Use and Privacy Policy. charged with more than possession, and it will likely be a felony, but it. "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. They are also coming down hard on offenders. The Trump-appointed and current Postmaster General, Louis DeJoy, has made further cuts to plant locations, office hours, and mail delivery times. Jailers weigh tech to spot drug-coated mail | Daily Telegraph Showing you dispensaries near East Los Angeles, CA. Can You Send Adderall In The Mail? - Caniry This means that it is not a strict liability crime. This is considered distribution of a controlled substance. If they find drugs, they will use an undercover law enforcement officer to deliver the package. She always answered my calls personally, and was available when I had questions, keeping me stress free, no worries. ", An Australia Post spokesperson confirmed to VICE that the "screening of postal articles for contraband" only happens at the border and is the "responsibility of the Department of Immigration and Border Protection, and the Department of Agriculture and Water Resources.". Luckily for Peter he was eventually released with time served. When the main site was taken down by the FBI in late 2013, Peter was caught up in an international sweep of site administrators, and extradited to the US where he served 17 months in a US prison awaiting trial on conspiracy and money laundering charges. If Charges Are Dismissed Do You Have a Criminal Record? Hawaii man indicted after allegedly getting nearly a pound of meth Her fees were reasonable. Her honest, strong work ethic stands Judy is a professional lawyer that helps through your case beginning to end. The USPS tells Leafly that the anti e-cig law will apply to the entire vaping industry. Well, no. "In cases where people come into possession of contraband but don't know it, the courts have consistently found that not a crime," Miller said, citing a well-established legal principle known as mens rea, meaning "guilty mind" or criminal intent. Each subsection of the law is different and needs to be read with the specific facts. Postal Service cant open anyones mail without a search warrant. But even so, sometimes that bag of pingers you bought with Bitcoin doesn't turn up at your front door. This isn't to say the risk of landing a criminal charge isn't real. Often when receiving drugs, they need to cross state lines to reach your home. Peter told me that during his time as a forum moderator on Silk Road "there were often panicked posts from people who had been contacted or raided by the police following a shipment going missing." What Happens if You're Caught Getting Drugs in the Mail? - Vice Warning to People Buying Drugs By Post - Clear Check However, she said delivery of drugs through the mail seems to be a growing trend in recent years. This means harsher penalties if you are caught. Additionally, as a government agency, the United States Postal Service is subject to federal law; any illegal use of their services is a felony. (AbodbeStock), Outdated, handwritten or missing return addresses. The judgment shall also impose supervised release of at least 2 years in addition to imprisonment. 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. Crunching the numbers, the Postal Service faces an enormous task in preventing the trafficking of illicit substances. Any drug that is available for retail without a prescription is considered an over-the-counter drug. It does not matter where you ship the illegal substances toyour home, a friends home, a place of businessif the police are able to track and find out who sent and received the package, all parties can face serious charges. There are 4 main recognized mental states- Intent, Knowledge, Reckless, Negligent. But what happens if your bargain price international bag does get picked up at the border? It would seem with our advanced society and legal system that we would have figured out a way around this. I would recommend her for any case as she is very effective at getting your case handled. Sending or Receiving Drugs by Mail - The Rivas Law Firm, P.A. The USPS, as well as partnering law enforcement agencies, simply dont have the resources to try to figure out where the drugs are coming from and whos expecting them. Jan 16, 2004. You can read about the specific penalties for each type of controlled substance being traffickedhere. This is an even more growing trend as marijuana becomes legal for recreation use and purchase in some states while remaining illegal in others and on a federal level. 453 Controlled Substances and Drugs | Postal Explorer - USPS This means that if there an illegal act is committed through the USPS system, it is classified as a felony. It requires knowledge or intent. The USPSpromptly responded while also providing some useful data: The U.S. UPS similarly prohibits shipping any cannabis products, but it does allow for raw hemp plants and CBD products that comply with state and federal laws (minus vapes), as long as they are shipped domestically and do not come from companies who also produce or handle marijuana or THC products. Yes. Examples of these have been leaked onto the dark net, if you're inclined to find out more. Buying drugs on the street from some shady or otherwise unknown seller comes with risks. And both federal and state laws will apply to your drug trafficking charges.