MAILING CANNABIS - WILL YOU GET BUSTED?
Shipping Pot - Do you feel lucky?
"Trafficking a Schedule I drug can result in prison time of no more than five years for the first offense under 50 grams, and continues to climb dramatically as the weight increases. "
If you do ship marijuana and get hassled at some point, you certainly want to have a valid medical marijuana card handy, that allows for the possession, transport and consumption of medical marijuana.
The US postal service played a significant role in the evil that is the war on drugs. It's become common knowledge that the real criminals, the cartels that are so intertwined with many government organizations and officials at all levels did the real damage. Meanwhile, the smaller players, little dealers and your regular Joe are the ones that get busted via the US postal service for shipping even the smallest quantities of medical marijuana.
MAILING INTERSTATE - NO NO
Our read of the law is that the constitution clearly states that marijuana is the business of the individual states. However, it is also clear that if marijuana related commerce or trade involves more than one state, that is ruled to be inter-state commerce and is under the jurisdiction of the Federal Government, which is policed by the DEA.
SHIPPING BY MAIL AND COURIER
FedEx, UPS, and DHL reserve the right to open and inspect any package at their own discretion.
If they find marijuana, and its in going interstate, or is illegal in the said state, quantity is over specified state limits, you're busted. However, according to the USPS:its first class letters and parcels are protected against search and seizure under the Fourth Amendment to the Constitution and are not opened without a search warrant.
U.S. Postal Service is the preferred carrier for many, many shippers it generally offers protection under the Fourth Amendment, which states that postal inspectors must acquire a search warrant based on probable cause before inspecting mail and parcels.
MAILING INSTATE - RISKY
With that said, right now, the Federal government and its various agencies do not necessarily abide by the constitution nor respect state law and individual rights. In the cans of medical marijuana, the FEDs basically did whatever they wanted, and once in awhile, they got their pee pee slapped in court for ridiculous transgressions, like raiding a pharmaceutical grade state licensed CBC manufacturer - arresting the CEO at gunpoint - and freezing their (and relatives) bank accounts.
"This is not the case with the USPS, however, because as government employees, they are the federal government and they require a warrant to access your package. Both FedEx and UPS workers are strongly encouraged to work with law enforcement and report any packages that smell or look like drugs.USPS also encourages others 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."
Drug detection systems can detect marijuana by sensing volatile molecules that seep out of containers. X-Ray scanners can pick up images that detect organic matter such as marijuana.
Drug sniffing dogs smell out odors that permeate out of containers and even plastic bags. Remember, a dog's smell is 50 to 100x more sensitive to ours, so if you can smell something through the bag, the drug dogs will likely freak out. You can test your container by putting some smelly skunk material in the container and leave it in a ziplock bag overnight. Then open the zip lock bag and see if you can smell it.
“The postal service—the mails are—being 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.” - US Gov
In cases like these, rogue DEA intimidate and rough house "suspected drug dealers", saying they are doing their job, rooting out drug dealers. Well, CBD is not a narcotic, it's non-psychedelic, it's only function is to heal. CBD seems to be the most medicinal of cannabis components and in places where marijuana is legal, opiate sales drops, overdose drops, DUI drops. Straight up, marijuana enemy #1 of big pharma, and big alcohol companies. A handful of old dudes , big old money owns this cartel and pulls the strings in Washington. Kapish?
As a Federal entity, the US postal service complies with the said cartel and works with the DEA to enforce inter-state anti-trafficking laws. Thought it may be technically legal to ship marijuana within your state, who know what the Fed will do at any point in time, regardless of the law.
"If a package crosses state lines the crime instantly becomes federal and remember, in the eyes of the federal law, marijuana is still considered to be a Schedule I drug with no medicinal value or use and a high propensity for abuse. It is important to remember 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."
THE SILK ROAD CASE
Silk Road was an online darknet platform for selling illegal drugs. It was operated as a Tor hidden service, users were able to browse it anonymously and securely. If a narcotic product was purchased on the Silk Road and mailed or couriered, the resident of the said address could be charged with trafficking. In the case of marijuana, Silk Road was popular in areas where marijuana was illegal. \
“The U.S. Postal Inspection Service is committed to eradicating illegal drugs and their proceeds from the U.S. Mail. We pursue traffickers of all forms of illegal narcotics—including marijuana, which remains illegal under the federal Controlled Substances Act and is therefore unmailable. 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.”
WHAT ARE THE ODDS OF GETTING BUSTED?
Firstly, we believe that it is not worth the risk to mail marijuana outside your home state. If you ship cannabis legally instate, you're going to want to ship it properly ,to avoid unwanted detection and hassle. Many law enforcement officers agree; they don't want waste time on trivial marijuana cases. So wrap it and wrap it well.
With that said, what is the real odds of getting in trouble? Of the millions of parcels shipped every week, what is the chance that any one parcel gets opened, and your ass busted?
"Once a package is seized, one then faces prosecution in both the state in which it was mailed, as well as the state in which it was delivered, based on the discretion of the prosecutor. Additionally, according to the Fed Ex employee, prosecutors have been adding a “bootlegging” charge to large packages intercepted leaving Colorado and Washington specifically. A bootlegging charge requires 12 years in federal prison."
Billions of letters and packages are sent via US each year. About 2,000 people are arrested by US postal inspectors each year for suspicion of trafficking drugs and laundering drug money via the U.S mail. Nationwide in 2012, inspectors made 2,299 arrests and confiscated about 42,000 lbs of marijuana packaged in about 7,600 parcels. In 2013, enforcement agencies made 2,622 arrests and indictments for mailing of controlled substances. The number of marijuana parcels seized by inspectors fell more than 12 percent in 2014. This trend continued in 2015, where marijuana seized in parcels amounted to 34,305 lbs.
If we assume that 3 people out a thousand mail cannabis, that the there are about 300,000 cannabis mailers. With 2,000 arrests per year, the ballpark odds of getting busted come out at 2/3000.
To quote Clint Eastwood, "Do you feel lucky, punk? Do you.?" If you do ship marijuana and you get a hassle, you definitely want to have a valid medical marijuana card handy, that allows you to possess, transport and consume medical marijuana.
420EVALUATIONSONLINE: The California Medical Board of California allows physicians to process 420 evaluations online. Our compliant telemedicine process takes only a few minutes for patients to enter the required information about their conditions and symptoms. A medical doctor's recommendation is usually completed the same day. We also handle grower's permits, Cannabis ID cards, and renewals. 420EVALUATIONSONLINE documents are applicable to California and Nevada dispensaries, cannabis clubs, clinics, state police and other legal suppliers cannabis based medicines.
In the mass chaos of the legalization movement, some cannabis users have upgraded the ordinary driving delivery system and instead have taken to sending their product in the mail. In fact, the rate of intercepted packages alone has risen over 20% by the end of 2013 with a whopping 2,622 arrests and indictments. Of this number 68% of these arrests were for marijuana.....
Many complacent Marijuana users are not fully aware that - there is a significant chance they can get busted for Medical Marijuana - the associated costs can easily be in the tens of thousands of dollars. A simple possession charge- for a little more than an ounce - can get you six months in the county slammer. Heaven forbid that your small personal-only grow operation is seen as something else by the wrong folks....
To get caught for illegal possession of Marijuana, you need to do several stupid things. You have to be exposed to law enforcement - one way or the other - when you are in public, driving, ratted out by an X or what have you. To turn bad luck into good - being equipped with correct legal documentation is obviously the right insurance policy.