penalty for receiving drugs in the mail
Often when receiving drugs, they need to cross state lines to reach your home. In addition to removing illicit drugs from the mail, Postal Inspectors investigate and arrest criminals and disrupt drug trafficking networks across the United States. If found guilty, pregnant women could face up to 15 years in prison and lose custody of their child. The USPS has been making deliveries for centuries, yet many Americans still dont fully grasp the organizations mailing laws. However, unlike the risk of arrest for buying drugs in person, receiving drug through the mail comes with higher penalties. 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. How to boil your grinder to clean it and get high at the same time. The threat of prosecution decreases if a package is not detected. The penalty for receiving drugs in the mail is drug trafficking charges. And because of the recent dramatic rise in drug overdose deaths due to the national fentanyl crisis, the Feds are increasingly on the lookout for contraband in the mail. Last year, Postal Inspectors seized more than 14 kilograms of fentanyl and fentanyl analogues and more than 80 packages containing synthetic opioids. Its totally at the discretion of the prosecutor. Some appeals courts don't find sufficient probable cause for such a warrant based solely on the delivery of contraband, Miller said, and might require additional evidence. Anyone can mail such drugs with the USPS as long as they comply with federal and state laws such as the Poison Prevention Packaging Act of 1970 and the Consumer . We were still pretty fearful our home would be broken into, and we didnt sleep there for a few days, said the woman. If you have been busted for receiving drugs in the mail, you can look forward to some unpleasant levels of punishment for it. 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. She led you through the process and guided you through the system with ease. ", 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.". 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. The best defense against these charges begins with a thorough investigation of the case by a tenacious federal criminal defense attorney. You have been very pleasant, courteous and helpful in your dealings with our case. In the past 10 years, total volume has declined by more than 56 billion pieces (or 26%), first-class mail volume has declined by 34.5 billion pieces, and single-piece first-class mail (primarily letters bearing postage stamps) has declined by 24.4 billion pieces.This translates to $47 billion in operating losses since 1971. But even so, sometimes that bag of pingers you bought with Bitcoin doesn't turn up at your front door. Mens Rea is a latin term for guilty mind. 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. In 2021, the DEA made less than 1,000 marijuana trafficking charges. 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. This means that it is not a strict liability crime. But this is just my opinion. And as the ABC recently revealed, the postal service in fact "lacks the legal authority" to open mail. However, unlike the risk of arrest for buying drugs in person, receiving drug through the mail comes with higher penalties. Don Pumphreyand his legal team atPumphrey Law Firmhave represented clients all over the state of Florida for drug charges. 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 . Jeremy Mercier, 41, was arrested on charges of aggravated illegal importation of drugs, aggravated trafficking in fentanyl and violating bail. Authorities said they discovered three pounds of meth inside the package. What About Prescription Drugs? And both the receiver and the sender can likely be arrested, face fines or possible jail time. This is a complicated federal matter and you need someone who is skilled and knowledgeable enough to come to your defense. We use cookies for certain features and to improve your experience. Home Blog What to Do When Busted For Receiving Drugs in the Mail. This automatically elevates your drug crime to a federal drug crime. From banned books to illegal weapons, they can be bought online. This is why some have chosen to go about it online. However, unlike the risk of arrest for buying drugs in person, receiving drug through the mail comes with higher penalties. To apply, a person or business must be of the following: manufacturers, distributors, researchers, canine handlers, analytical laboratories, importers, and exporters. This post was originally published on July 26, 2016. Would highly recommend!! Section 893.03 of the Florida Statutescoverscontrolled substancesand explains how controlled substances are classified into different categories known as Schedules. If you're one of the rising number of Australiansaccording to the Global Drug Surveywho have bought drugs on the dark net in the past year, this is probably your worst nightmare. Yes. Since many states have decriminalized marijuana, it may not seem that risky these days to mail some weed to a friend. else was in the package, etc) and you don't want to discuss all those. This post originally appeared on VICE Australia. You should consult an attorney for advice regarding your individual situation. 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 . I would like to thank you for your assistance in my dad case. Defense Against Drug Trafficking Through the Mail. Technically it is illegal to mail someone their or yourself your prescription drugs. The package was then turned over to the investigative team for further investigation. But we know what youre thinking: How many of those billions of packages being mailed each year contain cannabis? They understand what it takes to defend your case and are willing to stand in your corner and fight for your freedom. This blog did not cover many of the other drugs, besides marijuana and prescription drugs, that may get mailed. In some cases, the recipient can even get charged with drug trafficking in both the state the drugs were mailed from, as well as from the state in which it was received. Is it worth risking the consequences? The only way that an item sent through USPS can be seized and searched is with a search warrant. A common practice by both FedEx and UPS in the case of a suspicious package assumed to carry illegal drugs is to have a law enforcement officer partake in a controlled delivery. Where the police officer would go undercover as a FedEx or UPS driver and deliver the package to the marked address. We pursue traffickers of all forms of illegal narcoticsincluding marijuana, which remains illegal under the federal Controlled Substances Act and is therefore unmailable. Judith handled my legal issues with care and professionalism. She read through all the information on both sides very carefully and found the things that would matter. Prohibition has been seen in the past to encourage and incentivize the black market. If caught by USPS, UPS or Fedex most likely the package will be referred to an investigator. Hemp products can be mailed legally within the United States by the USPS as well as private mailers like FedEx and UPS, though there are some exceptions, such as vaporizers, and legality depends on if the sender or delivery state has laws in place that prohibit it. I was pleased with Judith Samsons work ethic..She worked from start to finish on my case, she explained in detail what was happining. Another option is to request a judge or How do I get my license back after suspension in Texas? If you have been accused of a drug crime involving possession, selling, trafficking, or disturbing, call aTallahassee criminal defense attorneyas soon as possible. 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. What Happens If You are the Defendant in a High-Profile Crime? That was huge to a person like me who had never ran into any law issues before. 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. ", Plus, if you're ordering from overseas, your mail probably isn't being as closely monitored as you think. When you involve the United States Postal Service in the transaction, it makes the matter a federal offense. If you have been arrested for receiving drugs in the mail, your first step should be to contact a lawyer. 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. Why are there so many people willing to take a chance on something like mailing cannabis? An investigation or surveillance will most likely take place with bigger and more frequent mailing operations. Who is qualified to decide that? When expanded it provides a list of search options that will switch the search inputs to match the current selection. ", Instead of an army of sniffer dogs, international Customs operations use "risk matrixes" that raise red flags about certain packages. Under FedExs terms of service, there is a fulllist of prohibited items, which includes marijuana, controlled substances, and any substance that has not been approved for medical use by the DEA. Your lawyer can challenge search warrants, evidence handling, and crime lab procedures. But under federal law, cannabis is still a controlled substance, and there are harsh penalties for sending illicit drugs through the U.S. Her fees were reasonable. This means harsher penalties if you are caught. These products are not intended to diagnose, treat, cure or prevent any disease. Smugglers Blues: US Legalization is Crashing Mexicos Cartel Market. The black market, even in adult-use states, continues to thrive, so many might find mailing weed a lucrative endeavor. Remember, the act is an illegal one and, without a doubt, carries a significant level of risk. May 11, 2021 A Portage man faces felony and misdemeanor drug charges, accused of using the U.S. This is an official notification that officers have picked up an item on the banned list. Any drug that is available for retail without a prescription is considered an over-the-counter drug. 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. 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. As one of the countrys oldest law enforcement agencies, they work to identify and prosecute major drug mailers and intercept illegal drug proceeds that traffickers attempt to send through the mail. Receiving Drugs in the Mail is a Federal Offense. 843 (b). However, the penalty can vary depending on the regulations of the state. But it is legal with the proper licensing that was mentioned above. I hired Ms. Samson and she handled my case quickly, professionally, and the price was right! The authorities investigated the case, and neither the husband nor wife were arrested. 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. Drug Squad Commander Jason Smith did offer the warning that "a drug conviction can have a long term impact on someone's life, in many cases limiting career prospects and making it difficult to obtain visas for overseas travel.". To compound this, in 2014, the US Department of Justice indicted FedEx with conspiracy to distribute controlled substances over its alleged role in transporting illegal prescription drugs. 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. After the couple went back and forth with Amazon for over a month, they only received a $150 gift card and were never connected with a supervisor to discuss the issue. Analysis of the figures by the Labour Party found more than one in 10 pensioners - around 1.3 million people - did not receive their full benefit. 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. Mrs. Samson was just an amazing lawyer. How long is your license suspended for a DWI in Texas? An agent or employee acting in the course of employment for a registered manufacturer, distributor or dispenser. 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? Her work ethic is beyond measurable and is very evident in court. The numbers only tell us what was detected and intercepted. You make the process very easy to deal with and you explained everything clearly to us. It was the worst and most humiliating experience of my life. To paraphrase Gertrude Stein, traffic, is traffic, is traffic. See our Cookie Policy and Privacy Policy to learn more. They say the contraband isn't "in" the mail, but rather "on" it. Both the drug sender and recipient will face penalties. Ross hails from the west coast of Ireland but currently resides in Seattle, where he is a product manager for Leafly. 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. In Texas if a mental state is not assigned than it allows for at least a reckless mental state. What Would Actually Happen if the DEA Rescheduled Cannabis? 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. 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. 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. The anonymous woman told alocal station: [w]hen the first officer got here, she was in disbelief.. When it comes right down to the illegal transportation of cannabis via mail, USPS isrelatively!your safest bet. This is considered distribution of a controlled substance. These seizures have led to thousands of arrests. Packages that go through first class shipping are in fact protected by your Fourth Amendment right. In phone surveys conducted by Pew Research Center between 1996 and 2020, the share of U.S. adults who favor the death penalty fell from 78% to 52%, while the share of Americans expressing opposition rose from 18% to 44%. Luckily for Peter he was eventually released with time served. He takes a similar view that law enforcement resources are largely too stretched to pursue small drug seizures delivered by mail. Without reported data, its impossible to estimate how many packages found to contain marijuana or other scheduled substances have been cited to open investigations. What Qualifies as First Degree Assault in the State of Minnesota. For one Florida woman, she received an unexpected delivery after ordering shipping bins on Amazon. 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. According to one report, postal service inspectors seized over 37,000 pounds of marijuana in 2016 alone. The ultimate user who possesses the controlled substance for his or her own use, household, or an animal owned or in the household. 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). Shipping edibles does not have a much different position with the law than marijuana. so there is this vast disparity between obtaining drugs through the mail and obtaining drugs from a dealer, i have read all i could on the topic of sentencing but couldn't find much except for a few cases. "That's usually not how it happens. We invite you to contact us and welcome your calls, letters and electronic mail. It's best to talk with an experienced and aggressive Federal Criminal Defense Attorney as soon as possible. According to former Attorney General Eric Holder, the problem is endemic: The postal servicethe mails arebeing used to facilitate drug dealing It is shocking to see the amount of drugs that get pumped into communities all around this country through our mail system, and we have to deal with that.. Postal Inspection Service's primary focus is to identify and pursue traffickers of all types of illicit substances (which includes marijuana obviously). Its best to talk with an experienced and aggressive Federal Criminal Defense Attorney as soon as possible. Depending on what the substance and quantity is will determine the punishment. VOLCANO (HawaiiNewsNow) - A Hilo grand jury indicted a Volcano man for attempted distribution of drugs after he allegedly received nearly one pound of amphetamines through the mail Tuesday . If you or a loved one have been accused of a drug trafficking crime, you may be in need of a drug defense attorney in Florida. A postal inspector can seize a piece of mail and use a drug sniffing dog to confirm a reasonable suspicion that it contains illegal drugs. I was scared about it and as soon as I talked to Mrs. Samson I felt relieved. Leafly and the Leafly logo are registered trademarks of Leafly Holdings, Inc. All Rights Reserved. depends on the specific facts of the case (the amount, who it was from, what. This means that you can be charged with BOTH using the mails, as well as whatever charge you'd otherwise be guilty of (e.g. Even if you are mailing a legal prescription medication to yourself, there is no exception in the law allowing it. "Just receiving a package without knowing its contents isn't sufficient to be convicted of a crime.". 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. This is unlikely though if it is a small amount of marijuana. Thorough and effective in preparation and in the courtroom, compassionate and responsive with us as clients. But all that is on hold until the rest of the states catch up. Under the USPS Inspection Serviceinspection guidelines, first-class letters and packages are protected under the Fourth Amendment. Related: Norfolk man pleads guilty to shipping fentanyl, trying to bribe Homeland Security agent. Well, no. Each subsection of the law is different and needs to be read with the specific facts. You can extract it from federally-legal hemp plants, so you should be able to ship it anywhere in the country, right? She reassured me throughout Judith responded right away as I reached out to her. It is 5 years. There are a few different options to get out of a ticket in Texas. 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. "Australia Post does not have, for example, sniffer dogs, X-ray machines or explosive trace detectors," the spokesperson said. #6. Postal Service to send and receive narcotics, authorities said. 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. People sometimes send drugs through the mail because unlike FedEx or UPS, the U.S. The penalties for drugs mailed through FedEx and UPS are dependent on the type and weight of illicit substances within the package. The dopest content, straight to your inbox. Doing this is considered a 21 USC Section 841 Prohibited Act. Scott County, Carver County, Chaska, Savage, Prior Lake - - Disclaimer, What to Do When Busted For Receiving Drugs in the Mail. In fiscal year 2015, the Postal Inspection Service seized about 34,000 pounds of marijuana from the mailstream. Under Federal law, it is illegal to mail any prescription drugs or pills. Often when receiving drugs, they need to cross state lines to reach your home. Affordable Criminal Lawyers in San Antonio, Can I check my Drivers License Status Online. 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. The penalties for drugs mailed through FedEx and UPS are dependent on the type and weight of illicit substances within the package. Be it prescription drugs or over-the-counter drugs when such mail is identified, and it will be seized and destroyed. Not only is it illegal to send drugs, but it is also illegal to receive those drugs. 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. * Statements made on this website have not been evaluated by the U.S. Food and Drug Administration. I had two misdemeanor charges and she got one of them dropped and the other charge got changed to a petty misdemeanor. 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. Drug Trafficking Charges and the US Postal Service. Addiction Help The mission of the Inspection Service is protecting the American people and the U.S. Mail from illicit drug activity. The increasingly under-resourced organization faces increasing pressure to downsize, exerted by the government. 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.