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. The answer is a resounding no. Your lawyer can challenge search warrants, evidence handling, and crime lab procedures. FedEx, UPS, and DHL all specify in their terms of service that they reserve the right to open and inspect any package at their own discretion. Postal Service. Even as DEA seizures od marijuana continue to decline year after year, its unclear if this trend will be reflected in weed packaged mailed. Its totally at the discretion of the prosecutor. The envelopes shall be spill proof and not marked as containing medication. If there is probable cause to believe that a letter or package contains something that is in violation of federal law, then the Postal Inspectors can request a search warrant to open the piece of mail. Mailing drugs without a license is a federal offense. Jan 16, 2004. The inspector can then get a warrant to open the package. Increasingly favorable legislation in the US, coupled with Canadas federal legalization and Mexicos recent decriminalization, means more legal avenues for cannabis careers, and by extension, a drop in related crimes. Copyright 2022 Scripps Media, Inc. All rights reserved. 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. Unfortunately, obtaining a warrant is rather simple for them to do because packages containing narcotics can be suspicious in nature. (AbodbeStock), Outdated, handwritten or missing return addresses. Prohibition has been seen in the past to encourage and incentivize the black market. 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. She was prompt to respond and very personable to work with. But Postal Inspectors can get a warrant easily enough. We invite you to contact us and welcome your calls, letters and electronic mail. Under the USPS Inspection Serviceinspection guidelines, first-class letters and packages are protected under the Fourth Amendment. She was accurate in her estimation of the final charges that were filed. Hill is accused of arriving at the meet-up place and was arrested. If you know you are receiving a package that contains drugs or another banned substance, you face the same consequences as the person who mailed the package. Her rates are very reasonable as well. But we know what youre thinking: How many of those billions of packages being mailed each year contain cannabis? 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 $5,000 fine. She read through all the information on both sides very carefully and found the things that would matter. Phone surveys conducted by Gallup found a . 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. Post inspectors have a long list of signs and tells that help them determine if a package could contain marijuana or other illicit substances. Not every lawyer focuses on those qualities. The best defense against these charges begins with a thorough investigation of the case by a tenacious federal criminal defense attorney. charged with more than possession, and it will likely be a felony, but it. Possession of a controlled substance of list 1 chemicals has some exceptions to the requirement to register with the DEA such as the following: To make matters more subjective, the Attorney General, by regulation may waive registration for certain manufacturers, distributors, or dispensers if it is consistent with public health and safety. More than 200 federal laws protect the. What is the Punishment for a DWI in Texas 3rd Offense? That was huge to a person like me who had never ran into any law issues before. Hill has his next court hearing March 29. "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. Unfortunately, using private services like UPS or FedEx allows the shipping service to open any package at their discretion. Without reported data, its impossible to estimate how many packages found to contain marijuana or other scheduled substances have been cited to open investigations. Let's say you are receiving drugs in the mail from an "out-of-state" sender. 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. It could mean years in prison and heavy fines. Judith is sharp, focused, and intuitive. There are a few different options to get out of a ticket in Texas. "That's usually not how it happens. The homeowner, Paul Brown, said the raid, apparently done in search of evidence of pot-dealing, was unjustified. Although she did not wish to be named due to safety reasons, thenews reportindicated that a local woman and her husband opened their Amazon shipping bins to find 65 pounds of marijuana. 720-507-1884. matt at red dot law Common examples of such drugs are mild pain-relief medicines and skin creams. In short, no. It can be especially if you mailed them to yourself or it is traced to someone you know. Its best to talk with an experienced and aggressive Federal Criminal Defense Attorney as soon as possible. In 2014, Tennessee's legislature passed a "Fetal Assault Law," which made it possible to prosecute pregnant women for drug use during pregnancy. I did not feel judged for my mistake, judith was very understanding in my situation. Yes, you are committing a whole separate and additional offense when you use the mail to ship drugs. Brown said the package was addressed to someone named "Oscar," whom he doesn't know. Compliant CBD products, however, can now be shipped. The long answer is a little more complicated, and were here to break it down. Judith represented my son on a DWI charge, and obtained an excellent outcome for him. However, unlike the risk of arrest for buying drugs in person, receiving drug through the mail comes with higher penalties. The big three outside of USPS are FedEx, UPS, and DHL. The potential issue after legalization is taxing it before it is mailed to ensure the feds are getting their cut. If you have been arrested for receiving drugs in the mail, your first step should be to contact a lawyer. In the case of the Beach Park raid, Miller said that without seeing an investigator's sworn statement describing leads in the case, it's difficult to say whether there was sufficient evidence. However, without the acceptance of the DEAs registration, you can face criminal charges for the misuse of prescription medicine. 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. Give Light and the People Will Find Their Own Way. I got a DUI back in January, after a New Years Eve party, and was really distraught about what it would do to my record and my reputation. If the amount of marijuana is higher, or the drug is more dangeroussuch as cocaine or herointhen the penalties will be even more severe. The search warrant was dependent on someone at the house first accepting a package delivery. But what happens if you use the USPS to send mail that contains illegal substances? Last year, Postal Inspectors seized more than 14 kilograms of fentanyl and fentanyl analogues and more than 80 packages containing synthetic opioids. If you are planning on sending gifts for a holiday, or just items to a friend or family member, it is common to use this method. From my first contact with Judith until all was completed she was there to answer any of my questions or address my concerns. Judith samson made me feel at ease. 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. The penalty for receiving drugs in the mail is drug trafficking charges. Weve previously reported that while the overall number and weight of marijuana package seizures has been declining for years, there was an uptick in 2016; since then, however, the numbers seem to decline, but no one really knows just how much marijuana successfully makes it through the Postal Service undiscovered. 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. I was scared about it and as soon as I talked to Mrs. Samson I felt relieved. However, she said delivery of drugs through the mail seems to be a growing trend in recent years. In terms of alternative carriers within the US, there are a number of private couriers. 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. "The few Australian cases where people have been successfully prosecuted for ordering drugs from dark net markets, they've mostly been busted due to their activities in the real world and not their online activities.". ", 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.". Judith handled my legal issues with care and professionalism. Althoughmarijuanais considered legal in certain states across the United States, mailing a package containing drugs is a serious offense. 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. If your registration has been approved, then you are allowed to ship the prescription drugs through the mail. The USPSpromptly responded while also providing some useful data: The U.S. What Qualifies as First Degree Assault in the State of Minnesota. Luckily for Peter he was eventually released with time served. 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. Dr Martin says the address the package has been sent to will likely get a "love letter" in the post from Customs. Oovvuu. A good lawyer will examine every aspect of the prosecution case to uncover any violation of rights or procedural errors. We were still pretty fearful our home would be broken into, and we didnt sleep there for a few days, said the woman. Receiving illegal drugs through the mail is clearly a crime but only if there is proof it was done knowingly and intentionally, legal experts say. Often when receiving drugs, they need to cross state lines to reach your home. Marijuana is the most commonly-seized drug, and astudyreported that in just 2014, 39,301 pounds of marijuana were seized by inspectors. This automatically elevates your drug crime to a federal drug crime. 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. Can I mail weed and not get caught? I was expecting at least a few grand and it was like Judith is the gold standard for what a defense lawyer should be. But not yet. This material may not be published, broadcast, rewritten, or redistributed. I dont know the answer. The police may have violated your right to due process of law by improperly reading your rights. Hill is accused of calling the postal office to inquire about the package. The penalty for ordering your drugs to be delivered by Royal Mail will depend in a large part on both the quantity of substance found, and the type of substance. An agent or employee acting in the course of employment for a registered manufacturer, distributor or dispenser. Remember, the act is an illegal one and, without a doubt, carries a significant level of risk. 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. This post originally appeared on VICE Australia. They state a package was sent to a home in Chesapeake, but the person who answered the door did not accept the package because they didnt know where it came from.
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