Criminologist Dr. James Martin is the author of Drugs on the Dark Net: How Cryptomarkets are Transforming the Global Trade in Illicit Drugs. Why is it so important to test cannabis products? DHL accepts packages containing hemp plants and derived products with under 0.3% THC, but only within the US. Getting illegal drugs in mail a crime if recipient knows it What Happens If You are the Defendant in a High-Profile Crime? "Or if it has a handwritten address because most international postal traffic is commercial. The answer is a resounding no. 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. In this case, the drug packages DID cross state lines. "For a drug officer to prove to their superior that they should spend thousands of dollars for what, in the end, will be a low level drug possession charge," Dr. Martin said, "that's a difficult case to make. 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. 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. Your mail is afforded a certain amount of privacy, and if they opened your package to discover drugs, you may wonder if your Fourth Amendment right is in breach. Home Blog What to Do When Busted For Receiving Drugs in the Mail. In another case, three women from Norfolk and a man and woman from Arizona are accused of bringing meth and fentanyl pills into Hampton Roads through the mail from Arizona. Can You Send Adderall In The Mail? - Caniry But should it be? And both federal and state laws will apply to your drug trafficking charges. 1) any cannabis product that contains more than 0.3 percent THC should be considered illegal to ship in the mail, and carries risk of penalties like prison 2) industrial hemp is legal to mail throughout the U.S., but all applicable laws should be precisely followed 3) sending delta-8 through the mail should be thought of as a risk and avoided . You need the best criminal defense you can get when your life and liberty are on the line. The authorities investigated the case, and neither the husband nor wife were arrested. else was in the package, etc) and you don't want to discuss all those. But not yet. Let's say you are receiving drugs in the mail from an "out-of-state" sender. In fiscal year 2011, the most recent reported, the Postal Inspection Service reported 1,327 arrests and 1,102 convictions in drug cases nationwide. The user shall not be required to provide any personal information when mailing the medication to a collector. first reported in The Mail on Sunday, covers . People sometimes send drugs through the mail because unlike FedEx or UPS, the U.S. By providing us with your email address, you agree to Leafly'sTerms of ServiceandPrivacy Policy. Related: Norfolk man pleads guilty to shipping fentanyl, trying to bribe Homeland Security agent. Once a package is seized, a person is liable to face prosecution in both the state in which it was mailed as well as the state in which it was delivered. 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. The potential penalties double for a second offense - up to ten years and a fine of up . Robert McCoppin and Chicago Tribune reporter. Marijuana is the most commonly-seized drug, and astudyreported that in just 2014, 39,301 pounds of marijuana were seized by inspectors. The anonymous woman told alocal station: [w]hen the first officer got here, she was in disbelief.. But this is just my opinion. Leafly and the Leafly logo are registered trademarks of Leafly Holdings, Inc. All Rights Reserved. Despite the fact he was never involved in actually selling any drugs. Imagine this scenario: you've bought yourself a ten-pack of pills from a vendor on a dark net. The United States Postal Inspection Service, the law enforcement arm of the post office, and the US Drug Enforcement Administration use a drug packaging profile to identify suspicious-looking parcels in the mail. She was very polite and professional. Can You Mail Weed or Edibles Legally? | Leafly Yes, you are committing a whole separate and additional offense when you use the mail to ship drugs. You should consult an attorney for advice regarding your individual situation. This automatically elevates your drug crime to a federal drug crime. These products are not intended to diagnose, treat, cure or prevent any disease. I was beyond embarrassed and extremely scared. 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. Why are there so many people willing to take a chance on something like mailing cannabis? If they find drugs, they will use an undercover law enforcement officer to deliver the package. 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). This is an official notification that officers have picked up an item on the banned list. ', "If it's sent to a house with 10 people living there, addressed to Bob and there's no Bob living there, then police are going to have a hard time.". Caught Sending or Receiving Drugs Through Mail - Pumphrey Law However, unlike the risk of arrest for buying drugs in person, receiving drug through the mail comes with higher penalties. Florida is extremely strict when it comes to drug trafficking, and you could potentially face felony charges. Posted on Feb 15, 2012. Thorough and effective in preparation and in the courtroom, compassionate and responsive with us as clients. Smugglers Blues: US Legalization is Crashing Mexicos Cartel Market. The USPSpromptly responded while also providing some useful data: The U.S. But Postal Inspectors can get a warrant easily enough. But when pressed for examples, Dr. Martin gave a few: "If it comes from Colombia; if it's leaking a fluid or smells like pot," he said. The police were able to seize the drugs from the couple and open an investigation, however, there were never any answers from Amazon. Leafly previously contacted the Postal Service in the hope of getting more information on their policies regarding illicit substances, in particular cannabis, being transported in the mail. Oovvuu. Assuming the edibles are marijuana alone and the weight is less than 50 kilograms, the person may receive up to 5 years imprisonment and up to a $250,000 fine. An investigation or surveillance will most likely take place with bigger and more frequent mailing operations. Phone polls have shown a long-term decline in public support for the death penalty. You will likely be. Be exempted from DEA registration, such as military, civil defense, and law enforcement personnel, in performing official duties. But we know what youre thinking: How many of those billions of packages being mailed each year contain cannabis? This attorney is great. 2023 shopping tip: Check those packaging dates! For a conviction, the courts require other evidence, such as statements from a witness, payments, email or other correspondence showing the recipient anticipated the arrival of the illegal drugs. From my first contact with Judith until all was completed she was there to answer any of my questions or address my concerns. The shipping bins were sent from the Amazon shipping facility in Massachusetts. Selling drugs carries much harsher penalties than those received for simple drug possession in the U.S. Judith samson made me feel at ease. In fact, even though marijuana is legal or decriminalized in many states, if you are caught mailing it through USPS, it will be deemed drug trafficking. What are the Penalties for Mailing Marijuana Through the Postal Service? Her rates are very reasonable as well. 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. 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. In Fiscal Year 2019, Postal Inspectors made 2,562 arrests involving drug trafficking using the U.S. Mail and seized over 150,000 pounds of illegal narcotics and nearly $25 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. GRIFFIN received a 20-year federal sentence, and must serve 10 years of Supervised Release, which is the statutory maximum penalty that could be imposed by the Court. The ultimate user who possesses the controlled substance for his or her own use, household, or an animal owned or in the household. Name and address of drug manufacturer. When you involve the United States Postal Service in the transaction, it makes the matter a federal offense. Judith earned Judith Samson did a wonderful job for me on my case. I would recommend her for any case as she is very effective at getting your case handled. You'll also need the following information on the commercial invoice in order to mail prescription drugs: Full name, address, and phone number of the recipient's physician. This is an official notification that officers have picked up an item on the . If you have been busted for receiving drugs in the mail, you can look forward to some unpleasant levels of punishment for it. Most were commercial buyers with their own Australian resale sites. Compliant CBD products, however, can now be shipped. In addition to removing illicit drugs from the mail, Postal Inspectors investigate and arrest criminals and disrupt drug trafficking networks across the United States. 720-507-1884. matt at red dot law In the mean time you can get an Occupational Driver License. I hired Ms. Samson and she handled my case quickly, professionally, and the price was right! Still, if several packages in a row have failed to turn up, it might be time for the buyer to "give it a rest," Dr Martin said. Any individual who engages in shipping marijuana across state laws could face criminal charges involving drug possession and even drug trafficking. Often when receiving drugs, they need to cross state lines to reach your home. However, unlike the risk of arrest for buying drugs in person, receiving drug through the mail comes with higher penalties. link to How do I get my license back after suspension in Texas? Defense Against Drug Trafficking Through the Mail. Dr Martin says the address the package has been sent to will likely get a "love letter" in the post from Customs. 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. Along with driving drugs across state lines, one way that people may attempt to move drugs is through the mail. She was accurate in her estimation of the final charges that were filed. The homeowner, Paul Brown, said the raid, apparently done in search of evidence of pot-dealing, was unjustified. Give Light and the People Will Find Their Own Way. But lets face it, the USPS has been in financial trouble for the better part of a decade. If the amount of marijuana is higher, or the drug is more dangerous-such as cocaine or heroin-then the penalties will be even more severe. 1000 kilogram or more of marijuana (or 1,000 or more plants) Penalties also can be increased if defendant has a prior felony drug conviction or is a career offender (two or more felony drug offense or crimes of violence). So the USPS seized your weed - what now? - Red Law Sending Drugs Through The Mail Penalty - Personal Injury and Criminal "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. If found guilty, pregnant women could face up to 15 years in prison and lose custody of their child. 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. mail, both foreign and domestic. They can put their collective shoulder to the wheel, but no matter how hard they try, it is virtually impossible for the USPS to catch all wrongdoers. My case was about "violation on an order for protection". Judith handled my legal issues with care and professionalism. If you qualify for defensive driving and desire to take defensive driving, that is one way. Perhaps, as cannabis becomes increasingly mainstream and regulated, the lure of the black market will wane through easier access and the realization that shipping the drug is no longer worth the risk of harsh federal charges. Judith is sharp, focused, and intuitive. By signing up, you agree to the Terms of Use and Privacy Policy & to receive electronic communications from Vice Media Group, which may include marketing promotions, advertisements and sponsored content. Whoever accepts the parcel gets arrested, and there will likely be another search warrant executed for the residence. Not only are packages given extra protection, as weve outlined, but the agency has also been losing money pretty much every year for the last decade due to a decrease in mail volume. Its totally at the discretion of the prosecutor. Then, an unidentified male contacted the post office concerning the refused parcel and requested re-delivery of the package. #6. The penalty for receiving drugs in the mail is drug trafficking charges. If death or serious injury was also involved in the crime, the criminal would spend a minimum of 20 years, but not more than life, in prison. This automatically elevates your drug crime to a federal drug crime. I was arrested for visiting an escort, facing solicitation/prostitution charges. I highly recommend Judith Samson-you will not find a lawyer who cares more for the client than Judith. "People tend to assume that drugs sent through the post will be sitting on a conveyor belt with sniffer dogs going up and down it," Dr. Martin said. Packages Suspected of Containing Marijuana | Office of Inspector These penalties can vary, but because shipping drugs through the mail system is such a rampant crime, they typically like to make an example of those they catch. 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. Mercier was arrested after the owners of . Mailing Weed: Is it Legal? | PotGuide In addition to seizing cash obtained through criminal activity, postal inspectors have used federal forfeiture laws to seize houses, vehicles, boats, artwork, and other high-value items purchased with drug money. Under Federal law, it is illegal to mail any prescription drugs or pills. Are people getting away with mailing cannabis? One of the main reasons a person may attempt to transport drugs via mail is because of the Fourth Amendment. Under Federal law, it is illegal to mail any prescription drugs or pills.
penalty for receiving drugs in the mail