But lets face it, the USPS has been in financial trouble for the better part of a decade. Her honest, strong work ethic stands Judy is a professional lawyer that helps through your case beginning to end. The potential issue after legalization is taxing it before it is mailed to ensure the feds are getting their cut. "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.". Judith samson made me feel at ease. The police may have violated your right to due process of law by improperly reading your rights. This means that you could face felony drug charges for receiving an amount of marijuana or marijuana products that might have only added up to a misdemeanor if you were caught with it locally. Can I Mail Prescription Drugs with USPS? - Stamps.com Blog Caught Sending or Receiving Drugs Through Mail - Pumphrey Law 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. The police were able to seize the drugs from the couple and open an investigation, however, there were never any answers from Amazon. 453 Controlled Substances and Drugs | Postal Explorer - USPS I have never hired a lawyer before Judith. Does Domestic Violence Charges Affect Gun Ownership? Legal information is not the same aslegal advice, which is the application of law to an individuals specific circumstances. In 2016, postal service inspectors seized over 37,000 pounds of drugs (the majority of which were marijuana) with an estimated value of 23.5 million dollars. Jeremy Mercier, 41, of . 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.. Depending on what the substance and quantity is will determine the punishment. Sending Drugs Through The Mail Penalty - Personal Injury and Criminal You can extract it from federally-legal hemp plants, so you should be able to ship it anywhere in the country, right? In addition to removing illicit drugs from the mail, Postal Inspectors investigate and arrest criminals and disrupt drug trafficking networks across the United States. Its best to talk with an experienced and aggressive Federal Criminal Defense Attorney as soon as possible. This isn't to say the risk of landing a criminal charge isn't real. Often when receiving drugs, they need to cross state lines to reach your home. Persons registered by the Attorney General may manufacture, distribute, or dispense controlled substances. So if you live in a state that allows it, yes, you can ship delta-8 products (minus vapes) through the USPS. Typically, a law enforcement officer will use the assistance of a K9 drug dog to investigate the package. Marijuana is the most commonly-seized drug, and astudyreported that in just 2014, 39,301 pounds of marijuana were seized by inspectors. Address: 310 4th Ave S, Suite 1050, Minneapolis, MN 55415, Copyright 2023 Judith Samson, Attorney at Law, Judith A. Samson, Minneapolis Criminal Attorney, provides aggressive criminal defense services to clients in the Twin Cities and Western Suburbs of Minneapolis and St. Paul, such as Chaska, Hopkins, Plymouth, Minnetonka, St. Louis Park, Chanhassen, Wayzata, Shakopee, Maple Grove, Edina, Eden Prairie, Columbia Heights, Crystal, Golden Valley, Richfield, St. Paul, Bloomington, Shorewood, Edina, Brooklyn Center, and Excelsior, Roseville, Minnesota. The penalties for drugs mailed through FedEx and UPS are dependent on the type and weight of illicit substances within the package. What Happens If UPS Finds Drugs In A Package? - The Hive Law Unfortunately, obtaining a warrant is rather simple for them to do because packages containing narcotics can be suspicious in nature. But what happens if you use the USPS to send mail that contains illegal substances? Post inspectors have a long list of signs and tells that help them determine if a package could contain marijuana or other illicit substances. 2023 shopping tip: Check those packaging dates! 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. 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. 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). It is important to remember this when considering your rights in the federal justice system. As soon as the couple opened the bins, they found a large amount of marijuana and immediately called the police. 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. Chapter 13 Title 21 U.S.C. Contacting us does not create an attorney-client relationship. Consider the Orlando Criminal Defense Attorneys at the Rivas Law Firm. It is illegal to mail prescription drugs in most instances. It is impossible to know how many packages successfully are mailed. 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. Not only is it illegal to send drugs, but it is also illegal to receive those drugs. Surely you get arrested right? 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. And as the ABC recently revealed, the postal service in fact "lacks the legal authority" to open mail. "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. 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. Does USPS check packages for drugs? - TimesMojo For a conviction, the courts require other evidence, such as statements from a witness, payments, email or other correspondence showing the recipient anticipated the arrival of the illegal drugs. Kenney, the postal inspection service spokeswoman, declined to discuss the Beach Park investigation specifically beyond confirming an agency inspector's involvement. Section 893.03 of the Florida Statutescoverscontrolled substancesand explains how controlled substances are classified into different categories known as Schedules. MAJOR RESULTATE (total weights): Methylamphetamine 40.6kg Cannabis 25.3kg Drug 13.5kg Heroin 2.2kg MDMA (Ecstasy) 855g Steroids 507g Additional Seizures: Cash $61,150 AN (dead) Scorpion Two spiders Various juices, tablets and capsules still till be identified Numbers of drug seizures by federal ACTING - 29 NSW - 21 NT - 89 QLD - 381 SA - 35 Name and address of drug manufacturer. Not every lawyer focuses on those qualities. charged with more than possession, and it will likely be a felony, but it. But Postal Inspectors can get a warrant easily enough. She reassured me throughout Judith responded right away as I reached out to her. To meet your needs, I provide 24 hour service, off-site appointments, and a free initial consultation. Would highly recommend!! She knows what she does and you can tell she's experienced and knowledgeable the moment you speak to her. 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. If the recipient accepts the package, an arrest can be made. 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.. So the USPS seized your weed - what now? - Red Law According to one report, postal service inspectors seized over 37,000 pounds of marijuana in 2016 alone. 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. Warning to People Buying Drugs By Post - Clear Check "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. Luckily for Peter he was eventually released with time served. Crunching the numbers, the Postal Service faces an enormous task in preventing the trafficking of illicit substances. If they find drugs, they will use an undercover law enforcement officer to deliver the package. This allows for a unregistered ultimate user prescription possessor to dispose of prescription drugs by mailing them in pre addressed postage paid envelopes. 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. With no answers about where the marijuana came from, the Florida couple was concerned for their safety. 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. 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. There are 4 main recognized mental states- Intent, Knowledge, Reckless, Negligent. The only way that an item sent through USPS can be seized and searched is with a search warrant. If found guilty, pregnant women could face up to 15 years in prison and lose custody of their child. "That's usually not how it happens. But should it be? Is it just a coincidence, though, that the level of detected cannabis has fallen as more states wholly legalize? * Statements made on this website have not been evaluated by the U.S. Food and Drug Administration. DHL accepts packages containing hemp plants and derived products with under 0.3% THC, but only within the US. This post was originally published on July 26, 2016. What are the Penalties for Mailing Marijuana Through the Postal Service? Customs use their resources in a much more targeted fashion. 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. Copyright 2022 Scripps Media, Inc. All rights reserved. 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. Judith is sharp, focused, and intuitive. Colin Miller, an associate law professor at the University of South Carolina who edited the latest edition of Illinois Criminal Procedure, said most courts, including those in Illinois, uphold the use of an "anticipatory" warrant, whose execution is triggered by an anticipated action that suggests criminal activity, such as the acceptance of a package containing marijuana. There are many more punishments listed for the long list of illegal controlled substances that are illegally distributed by mail. One of the main reasons a person may attempt to transport drugs via mail is because of the Fourth Amendment. She was accurate in her estimation of the final charges that were filed. Actually, the data shows that its likely happening less and less. Unfortunately, using private services like UPS or FedEx allows the shipping service to open any package at their discretion. The Postal Inspection Service conducts investigations of individuals attempting to use the mail for drug trafficking. He takes a similar view that law enforcement resources are largely too stretched to pursue small drug seizures delivered by mail. For domestic and international shipments, importation of prescription drugs for personal use is prohibited unless FDA approved. 822 covers this registration process with the Attorney General in detail. Regardless of the company itself, under21 U.S. Code 841, it is illegal to manufacture, distribute, dispense, or possess with the intent to distribute any controlled substances or drugs. 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. This attorney is great. Any individual who engages in shipping marijuana across state laws could face criminal charges involving drug possession and even drug trafficking. The penalty for receiving drugs in the mail is drug trafficking charges. The homeowner, Paul Brown, said the raid, apparently done in search of evidence of pot-dealing, was unjustified. I would like to thank you for your assistance in my dad case. What is the Punishment for a DWI in Texas 3rd Offense? Law enforcement combat illegal drugs being sent through the mail - WTKR The user shall not be required to provide any personal information when mailing the medication to a collector. first reported in The Mail on Sunday, covers . For now, mailing marijuana in an amount less than 50 kilos carries a maximum penalty of up to five years in prison and a fine of up to $250,000 if you have no criminal record and you are not charged with other federal crimes that carry additional penalties. USPS, FedEx, and UPS all have policies for dealing with the shipment of illicit substances. FREQUENTLY USED FEDERAL DRUG STATUTES - United States Department of Justice If you have been accused of a drug crime involving possession, selling, trafficking, or disturbing, call aTallahassee criminal defense attorneyas soon as possible. In this case, the drug packages DID cross state lines. You need the best criminal defense you can get when your life and liberty are on the line. Affordable Criminal Lawyers in San Antonio, Can I check my Drivers License Status Online. 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. 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. Criminologist Dr. James Martin is the author of Drugs on the Dark Net: How Cryptomarkets are Transforming the Global Trade in Illicit Drugs. 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. Jeremy Mercier, 41, was arrested on charges of aggravated illegal importation of drugs, aggravated trafficking in fentanyl and violating bail. 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. Defense Against Drug Trafficking Through the Mail. Call(850) 681-7777today orsend an online messageand receive a free consultation regarding your case with an attorney in our team. Instead of deterring drug use, the law discouraged pregnant women with substance use disorder . If you have been arrested for receiving drugs in the mail, your first step should be to contact a lawyer. 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. Put simply, the sheer volume of packages the carrier handles every day offers the chance that contraband packages will get delivered unchecked; the United States Postal Inspection Service enforces over 200 laws with over 1,200 inspectors. 29AUBURN An Auburn man was arrested Friday afternoon after receiving a package containing more than $3 million worth of fentanyl he had mailed to himself at a local restaurant, according to police. You have been very pleasant, courteous and helpful in your dealings with our case. The United States Postal Service has served the American people for almost 250 years as one of the oldest and most venerable US institutions. State police in Greensburg. 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%. 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. They can put their collective shoulder to the wheel, but no matter how hard they try, it is virtually impossible for the USPS to catch all wrongdoers. 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. It is a federal offense unless a person has the proper licensing. Then, an unidentified male contacted the post office concerning the refused parcel and requested re-delivery of the package. I contacted Judy from a referral I knew and she took my call right away and we met and discussed my case. Home Blog What to Do When Busted For Receiving Drugs in the Mail. The quantities do vary state-by-state, and you can find a full list here. "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.