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. Without convincing incriminating evidence, it is more difficult for the prosecution to have a strong case against you. Give Light and the People Will Find Their Own Way. Your lawyer can challenge search warrants, evidence handling, and crime lab procedures. 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. If the amount of marijuana is higher, or the drug is more dangeroussuch as cocaine or herointhen the penalties will be even more severe. Customs use their resources in a much more targeted fashion. When it comes right down to the illegal transportation of cannabis via mail, USPS isrelatively!your safest bet. Contacting us does not create an attorney-client relationship. The question of whether accepting a package of illegal substances through the mail can open someone up to a police search or even criminal charges even if the recipient claims not to know the contents is among the legal issues surrounding a recent raid on a Beach Park home. 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. It is important to look at each statute in question to see if there is a mental state assigned. Today more than ever, drugs are illegally distributed via mail services like USPS, Fedex, and UPS. Which Illegal States Are the Most Cannabis Curious? 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. Compliant CBD products, however, can now be shipped. 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. 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. State police in Greensburg. Whoever accepts the parcel gets arrested, and there will likely be another search warrant executed for the residence. 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.". Postal Service. 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. Type of Charge: Controlled substance in the 3rd degree, Sentence Imposed: Felony kept off the record and no jail, Final Deposition: Gross Misdemeanor sentence, Sentence Imposed: 30 days on electronic monitoring, Final Deposition: Sentenced as a gross misdemeanor. This is a complicated federal matter and you need someone who is skilled and knowledgeable enough to come to your defense. This means that they cannot be searched or seized. She led you through the process and guided you through the system with ease. Namely, what is the risk of mailing or shipping weed or edibles through the mail? Disclaimer: The information you obtain at this site is not, nor is it intended to be, legal advice. You can extract it from federally-legal hemp plants, so you should be able to ship it anywhere in the country, right? Inspectors also seized $23.5 million in proceeds related to drug trafficking. According to the USPS: first class letters and parcels are protected against search and seizure under the Fourth Amendment to the Constitution, and, as such, cannot be opened without a search warrant.. Let's say you are receiving drugs in the mail from an "out-of-state" sender. May 11, 2021 A Portage man faces felony and misdemeanor drug charges, accused of using the U.S. If the dog alerts that something suspicious is in the package, then a warrant would be issued to open it. This website provides information to help people resolve their legal problems. Common examples of such drugs are mild pain-relief medicines and skin creams. Hill is accused of calling the postal office to inquire about the package. link to How can I get out of a ticket in Texas? (AbodbeStock), Outdated, handwritten or missing return addresses. I have never hired a lawyer before Judith. Sometimes it will get stopped at Customs. 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. Imagine this scenario: you've bought yourself a ten-pack of pills from a vendor on a dark net. "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. Mercier was arrested after the owners of . Getting your Texas driver license back will depend on the reason it is suspended. An investigation or surveillance will most likely take place with bigger and more frequent mailing operations. Under Federal law, it is illegal to mail any prescription drugs or pills. 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. 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. We use cookies for certain features and to improve your experience. Your address may be put on a watch list but unless it's a serious quantity of drugsor one of a series of packages picked up by Customsit's unlikely to spark a major investigation. However, unlike the risk of arrest for buying drugs in person, receiving drug through the mail comes with higher penalties. 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. Mens Rea is a latin term for guilty mind. An Australia Post spokesperson explained that while the postal service "has an obligation to inform relevant authorities should it suspect the presence of illegal goods in mail items," it doesn't have the equipment to test for them. The police may have violated your right to due process of law by improperly reading your rights. However, it would be unfair to fault the USPS in the matter; they are just not equipped to x-ray and investigate each package, nor is there an official x-ray policy. This button displays the currently selected search type. i know that mailing less than 50 grams of marijuana out of state can get you up to 5 years and prison and have read a case of a man being . Hill is accused of arriving at the meet-up place and was arrested. Be it prescription drugs or over-the-counter drugs when such mail is identified, and it will be seized and destroyed. Judith handled my legal issues with care and professionalism. USPS actively encourages workers and the public 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. An agent or employee acting in the course of employment for a registered manufacturer, distributor or dispenser. This is why some have chosen to go about it online. In fact, in 2016 the USPS founded the Administrative Non-Mailability Protocol (ANP) program, which does not require postal inspectors to obtain search warrants to open detained packages. In fact, if a package is detained and they dont receive a response form the mailer or addressee in 21 days, the package is considered abandoned and they can open it anyway. "Sometimes people would get called in for a 'chat' with the police; however, the impression I was given from what I read on the forums was that in most situations the police were not that interested in pursuing matters that rigorously," he said. What About Prescription Drugs? Contact my Minneapolis law office to have a knowledgeable criminal defense attorney on your side. 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. Mailing drugs without a license is a federal offense. For one Florida woman, she received an unexpected delivery after ordering shipping bins on Amazon. If you have been accused of a drug crime involving possession, selling, trafficking, or disturbing, call aTallahassee criminal defense attorneyas soon as possible. The penalty for receiving drugs in the mail is drug trafficking charges. Since many states have decriminalized marijuana, it may not seem that risky these days to mail some weed to a friend. Postal inspectors play a key role in helping wage the nations War on Drugs, including cannabis. In addition to removing illicit drugs from the mail, Postal Inspectors investigate and arrest criminals and disrupt drug trafficking networks across the United States. This is why some have chosen to go about it online. Receiving Drugs in the Mail is a Federal Offense. depends on the specific facts of the case (the amount, who it was from, what. Judith earned Judith Samson did a wonderful job for me on my case. This means that it is not a strict liability crime. 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. "Or if it has a handwritten address because most international postal traffic is commercial. Buying drugs on the street from some shady or otherwise unknown seller comes with risks. 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. His attorney had no comment about the accusations. 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 . Also the online pharmacy shall clearly display a declaration of compliance with Section 831 on its homepage. Remember, the act is an illegal one and, without a doubt, carries a significant level of risk. Even CBD and delta-8 vapes are prohibited, though CBD and delta-8 edibles and concentrates that comply with federal and state regulations are allowed. The judgment shall also impose supervised release of at least 2 years in addition to imprisonment. Dr Martin says the address the package has been sent to will likely get a "love letter" in the post from Customs. Marijuana is the most commonly-seized drug, and astudyreported that in just 2014, 39,301 pounds of marijuana were seized by inspectors. 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. Not every lawyer focuses on those qualities. We invite you to contact us and welcome your calls, letters and electronic mail. From my first contact with Judith until all was completed she was there to answer any of my questions or address my concerns. 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. 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. Can I get Financial Aid if I have a Drug Conviction? 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. How long is your license suspended for a DWI in Texas? 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. We got a great result one we could not have even hoped Judith handled my case in just one visit and I didnt even have to go before a judge. If found guilty, pregnant women could face up to 15 years in prison and lose custody of their child. Getting accused of having drugs on your person is no small issue. You can read about the specific penalties for each type of controlled substance being traffickedhere. There is a list of factors based on the caseUS v. Angel Colonthat has been created to determine whether the package should be seized, which include the following: The United States Postal Service (USPS) is a federal entity. I was arrested for visiting an escort, facing solicitation/prostitution charges. If they find drugs, they will use an undercover law enforcement officer to deliver the package. As soon as the couple opened the bins, they found a large amount of marijuana and immediately called the police. She always answered my calls personally, and was available when I had questions, keeping me stress free, no worries. First-class letters and parcels are protected against search and seizure under the Fourth Amendment, and, as such, cannot be opened without a search warrant, said Julie Kenney, regional spokeswoman for the U.S. Surely you get arrested right? 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. 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.. But should it be? With no answers about where the marijuana came from, the Florida couple was concerned for their safety. What Would Actually Happen if the DEA Rescheduled Cannabis? In this case, the drug packages DID cross state lines. Apr. However, unlike the risk of arrest for buying drugs in person, receiving drug through the mail comes with higher penalties. This can be difficult if there's no paper trail and the parcel is addressed to a fake name. link to How do I get my license back after suspension in Texas? Her work ethic is beyond measurable and is very evident in court. Yet, while a number of people engage in the buying and selling of a wide array of narcotics online and shipping them just like your standard Amazon package, there are still a number who get caught doing it. In fiscal year 2015, the Postal Inspection Service seized about 34,000 pounds of marijuana from the mailstream. She will tell you. How Do I Collect Attorney Fees in UIM Cases? The best defense against these charges begins with a thorough investigation of the case by a tenacious federal criminal defense attorney. 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. But we know what youre thinking: How many of those billions of packages being mailed each year contain cannabis? Inspectors seized 31,000 pounds of illegal narcotics and more than $14.6 million in drug trafficking proceeds. The woman claimed that they felt something wasnt right when they received the order, that the containers had an extremely strong odor and were much heavier than they should have been. Judy is one of a kind. More than 200 federal laws protect the. If the recipient accepts the package, an arrest can be made. In 2021, the DEA made less than 1,000 marijuana trafficking charges. ", 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.". In 2015 alone, they seized 34,000 pounds of marijuana from mailed packages. 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. 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. Twenty year mandatory minimum if death or serious bodily injury results from use of the drug. She was very polite and professional. Despite the fact he was never involved in actually selling any drugs. To paraphrase Gertrude Stein, traffic, is traffic, is traffic. Florida is extremely strict when it comes to drug trafficking, and you could potentially face felony charges. Postal Inspection Service. 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. The potential issue after legalization is taxing it before it is mailed to ensure the feds are getting their cut. 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.. Ross hails from the west coast of Ireland but currently resides in Seattle, where he is a product manager for Leafly. Posted on Feb 15, 2012. The USPS takes a very vigilant, proactive stance on eliminating drug trafficking in the US mail system and guarantees the U.S. Carrier or warehouseman possessing in the usual course of employment. If either private shipping company believes there is a suspicious package, they have the right to contact the police or theDrug Enforcement Administration (DEA)for review. HAMPTON ROADS, Va. Right now, criminals are working to send drugs through the postal service. The statute requires the mental state to be knowingly or intentionally. It could mean years in prison and heavy fines. Leafly and the Leafly logo are registered trademarks of Leafly Holdings, Inc. All Rights Reserved. To meet your needs, I provide 24 hour service, off-site appointments, and a free initial consultation. This post originally appeared on VICE Australia. In Texas if a mental state is not assigned than it allows for at least a reckless mental state. 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. 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. There are in fact cases where someone has received drugs in the mail by mistake. Is it just a coincidence, though, that the level of detected cannabis has fallen as more states wholly legalize? Police say they got the right house, but that the target wasn't home, and they made no arrests. The package was then turned over to the investigative team for further investigation. The potential penalties double for a second offense - up to ten years and a fine of up . Often when receiving drugs, they need to cross state lines to reach your home. 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. However, although postal inspectors do have to obtain a warrant to search a suspicious package, suspicion alone is enough to get parcels singled out and tracked. 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 . There are a number of defense strategies you can employ in this case that a defense lawyer can take advantage of, ranging above and beyond the old standard of thats not my package. If you have been arrested for receiving drugs in the mail, contact us today to let Judith Samson help you. Yes. Does Domestic Violence Charges Affect Gun Ownership? Showing you dispensaries near East Los Angeles, CA. She reassured me throughout Judith responded right away as I reached out to her. 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. Through a Motion to Suppress, a judge could rule that evidence seized without probable is inadmissible. Often when receiving drugs, they need to cross state lines to reach your home. Plus, marijuana is still a Schedule I drug. Unfortunately, obtaining a warrant is rather simple for them to do because packages containing narcotics can be suspicious in nature.

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