And both federal and state laws will apply to your drug trafficking charges. What to do After a Car Accident Thats Not Your Fault. They are also coming down hard on offenders. Help for Assault Family Violence Causing Bodily Injury. The information on this website is not legal advice. 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. So if you live in a state that allows it, yes, you can ship delta-8 products (minus vapes) through the USPS. For more information on drug charges and specific penalties, readhere. If the person who answers at the receiving address accepts the package, then they are taken in by authorities. 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. Even if a parcel is picked up in the post, police still have to prove that it belongs to one particular person to charge them. Under Federal law, it is illegal to mail any prescription drugs or pills. Related: Norfolk man pleads guilty to shipping fentanyl, trying to bribe Homeland Security agent. If caught by USPS, UPS or Fedex most likely the package will be referred to an investigator. It is a federal offense unless a person has the proper licensing. Then it is likely that a drug dog will examine the package. So unless a domestic package is particularly suspicious, it's unlikely to raise much notice with the mail person. Robert McCoppin and Chicago Tribune reporter. Both the drug sender and recipient will face penalties. This is considered distribution of a controlled substance. Receiving Drugs in the Mail is a Federal Offense. Youll recognize agency members by those timeless navy blue shorts and the eagle logo on the side of their trucks. And both federal and state laws will apply to your drug trafficking charges. The search warrant was dependent on someone at the house first accepting a package delivery. Chapter 13 Title 21 U.S.C. 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. Shipping edibles does not have a much different position with the law than marijuana. 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. Why are there so many people willing to take a chance on something like mailing cannabis? The police may have violated your right to due process of law by improperly reading your rights. In 2021, the DEA made less than 1,000 marijuana trafficking charges. 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. Then, an unidentified male contacted the post office concerning the refused parcel and requested re-delivery of the package. If you have been arrested for receiving drugs in the mail, your first step should be to contact a lawyer. Since many states have decriminalized marijuana, it may not seem that risky these days to mail some weed to a friend. 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. Buying drugs on the street from some shady or otherwise unknown seller comes with risks. We use cookies for certain features and to improve your experience. See 21 U.S.C. 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. Depending on what the substance and quantity is will determine the punishment. However, she said delivery of drugs through the mail seems to be a growing trend in recent years. The authorities investigated the case, and neither the husband nor wife were arrested. "Or if it has a handwritten address because most international postal traffic is commercial. You have been very pleasant, courteous and helpful in your dealings with our case. In the mean time you can get an Occupational Driver License. Jan 16, 2004. The threat of prosecution decreases if a package is not detected. The penalties for drugs mailed through FedEx and UPS are dependent on the type and weight of illicit substances within the package. This may seem obvious, but at this point in time it is not wise to send drugs through the mail. "With possession, it has to be proven by the police that [the accused] had custody and control of the substance," explained Jimmy Singh, the Senior Managing Partner at Sydney Drug Lawyers. By accessing this site, you accept the Terms of Use and Privacy Policy. The penalty for receiving drugs in the mail is drug trafficking charges. We pursue traffickers of all forms of illegal narcoticsincluding marijuana, which remains illegal under the federal Controlled Substances Act and is therefore unmailable. Its best to talk with an experienced and aggressive Federal Criminal Defense Attorney as soon as possible. Under the USPS Inspection Serviceinspection guidelines, first-class letters and packages are protected under the Fourth Amendment. Receiving Drugs in the Mail is a Federal Offense. 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. Unsurprisingly, you can also buy drugs online and a surprising amount of people already engage in the activity. These products are not intended to diagnose, treat, cure or prevent any disease. Legal information is not the same aslegal advice, which is the application of law to an individuals specific circumstances. But what happens if you use the USPS to send mail that contains illegal substances? Instead of deterring drug use, the law discouraged pregnant women with substance use disorder . 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. The package was then turned over to the investigative team for further investigation. Don Pumphreyand his legal team atPumphrey Law Firmhave represented clients all over the state of Florida for drug charges. Whoever accepts the parcel gets arrested, and there will likely be another search warrant executed for the residence. Apr. This means that they cannot be searched or seized. She always answered my calls personally, and was available when I had questions, keeping me stress free, no worries. You need the best criminal defense you can get when your life and liberty are on the line. 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. Unfortunately, obtaining a warrant is rather simple for them to do because packages containing narcotics can be suspicious in nature. In this case, the drug packages DID cross state lines. You are not supposed to mail a loved one medication that they left at your house over the holidays. 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. Phone surveys conducted by Gallup found a . A package may catch the attention of authorities for several reasons. Our office is located in downtown Minneapolis in the Flour Exchange Building. Now you might be thinking that the rise of delta-8 THC, a hemp-derived cannabinoid with intoxicating effects that differs from delta-9, offers a loophole. Criminologist Dr. James Martin is the author of Drugs on the Dark Net: How Cryptomarkets are Transforming the Global Trade in Illicit Drugs. I sometimes get nervous phone calls from people worried about what they may have done illegally in the past. What is the Punishment for a DWI in Texas 3rd Offense? How Much Does a DWI Lawyer Cost in Texas? 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. 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. Dr Martin says the address the package has been sent to will likely get a "love letter" in the post from Customs. If the recipient was aware of that the package contained illicit substances, then they are considered just as guilty as the person who mailed it. Get good reads, local deals, and strain spotlights delivered right to your inbox. Inspectors also seized $23.5 million in proceeds related to drug trafficking. The answer is a resounding no. Twenty year mandatory minimum if death or serious bodily injury results from use of the drug. I highly recommend Judith Samson-you will not find a lawyer who cares more for the client than Judith. This is knowingly or intentionally distributing a controlled substance. "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. You will likely be. In order to figure out a viable strategy for a defense in a case dealing with drug trafficking via mail, it is important to understand the specific circumstances of the case. 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. As soon as the couple opened the bins, they found a large amount of marijuana and immediately called the police. I was arrested for visiting an escort, facing solicitation/prostitution charges. Call(850) 681-7777today orsend an online messageand receive a free consultation regarding your case with an attorney in our team. A good lawyer will examine every aspect of the prosecution case to uncover any violation of rights or procedural errors. However, the penalty can vary depending on the regulations of the state. But this is just my opinion. I was beyond embarrassed and extremely scared. Despite these hefty risks, and the fact more than half the country has legal access to either medicinal or adult use programs, some cannabis users continue to dismiss the run-of-the-mill driving delivery system and keep mailing their product. One of the main reasons a person may attempt to transport drugs via mail is because of the Fourth Amendment. Her honest, strong work ethic stands Judy is a professional lawyer that helps through your case beginning to end. When you involve the United States Postal Service in the transaction, it makes the matter a federal offense. 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. But we know what youre thinking: How many of those billions of packages being mailed each year contain cannabis? When expanded it provides a list of search options that will switch the search inputs to match the current selection. But what happens if your bargain price international bag does get picked up at the border? The pharmacy benefit managers that operate the three largest mail-order pharmacies Express Scripts, CVS Caremark, and OptumRx took home 72 percent of mailed prescription revenue in 2019, to. It is illegal to mail prescription drugs in most instances. Can I mail weed and not get caught? Post inspectors have a long list of signs and tells that help them determine if a package could contain marijuana or other illicit substances. 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. You can get anything on the internet if you know where to look. We were still pretty fearful our home would be broken into, and we didnt sleep there for a few days, said the woman. 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. 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. Section 893.03 of the Florida Statutescoverscontrolled substancesand explains how controlled substances are classified into different categories known as Schedules. Each subsection of the law is different and needs to be read with the specific facts. Another option is to request a judge or How do I get my license back after suspension in Texas? The potential penalties double for a second offense - up to ten years and a fine of up . Is it just a coincidence, though, that the level of detected cannabis has fallen as more states wholly legalize? The Postal Inspection Service conducts investigations of individuals attempting to use the mail for drug trafficking. 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). Most Americans can access illegal substances with a simple click thanks to Internet access, Dark Net markets, and social networks like Instagram. Researcher gwern.net, who's kept an impressively comprehensive list of all the known drug arrests and prosecutions linked to English-language dark net markets, has recorded around 23 reported arrests of Australians. How long is your license suspended for a DWI in Texas? The black market, even in adult-use states, continues to thrive, so many might find mailing weed a lucrative endeavor. Surely you get arrested right? Ultimately, can beggars be choosers? That was huge to a person like me who had never ran into any law issues before. Another exception to mailing prescription drugs is the 1317.70 Mail-back program. Although legal penalties vary based on the type and amount of drugs being trafficked, generally speaking, a drug trafficking felony charge in the first degree would result in a penalty of up to 30 years in prison and up to $10,000 in fines. Postal Service cant open anyones mail without a search warrant. She turned my gross misdemeanor into a petty misdemeanor and was very prompt and professional every time we spoke. But not yet. Persons registered by the Attorney General may manufacture, distribute, or dispense controlled substances. It is important to remember this when considering your rights in the federal justice system. ", Plus, if you're ordering from overseas, your mail probably isn't being as closely monitored as you think. 843 (b). People do forget or run out of their prescription medication while away from home all the time. Buying drugs on the street from some shady or otherwise unknown seller comes with risks. Made key points and cut out all the middle stuff and had a clear plan. Be it prescription drugs or over-the-counter drugs when such mail is identified, and it will be seized and destroyed. Postal Service to send and receive narcotics, authorities said. The anonymous woman told alocal station: [w]hen the first officer got here, she was in disbelief.. One which is can I get in trouble for when I mailed marijuana a long time ago?. 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. The judgment shall also impose supervised release of at least 2 years in addition to imprisonment. The police were able to seize the drugs from the couple and open an investigation, however, there were never any answers from Amazon. Drug Trafficking Charges and the US Postal Service. 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. This means harsher penalties if you are caught. 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. Plus, marijuana is still a Schedule I drug. They understand what it takes to defend your case and are willing to stand in your corner and fight for your freedom. See our Cookie Policy and Privacy Policy to learn more. Technically it is illegal to mail someone their or yourself your prescription drugs. You can extract it from federally-legal hemp plants, so you should be able to ship it anywhere in the country, right? I was scared about it and as soon as I talked to Mrs. Samson I felt relieved. 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.. The USPS tells Leafly that the anti e-cig law will apply to the entire vaping industry. On the face of it, ordering drugs off the dark net is a lot safer than buying in person, both for your health and your criminal record.
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