But what happens if you use the USPS to send mail that contains illegal substances? It can be especially if you mailed them to yourself or it is traced to someone you know. This means harsher penalties if you are caught. 822 covers this registration process with the Attorney General in detail. 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. Dr Martin says the address the package has been sent to will likely get a "love letter" in the post from Customs. The authorities investigated the case, and neither the husband nor wife were arrested. Hill is accused of calling the postal office to inquire about the package. Drug trafficking can happen in a variety of ways. What Happens If You are the Defendant in a High-Profile Crime? 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. The answer is a resounding no. Millions of Americans receive drugs by mail. But are they safe? - NBC News Judith handled my legal issues with care and professionalism. What are the consequences of receiving Marijuana through the mail Persons registered by the Attorney General may manufacture, distribute, or dispense controlled substances. Judith samson made me feel at ease. 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. Without reported data, its impossible to estimate how many packages found to contain marijuana or other scheduled substances have been cited to open investigations. Combating Illicit Drugs in the Mail - USPIS The best defense against these charges begins with a thorough investigation of the case by a tenacious federal criminal defense attorney. 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. 445 Broadway Suite 126. Along with driving drugs across state lines, one way that people may attempt to move drugs is through the mail. In terms of alternative carriers within the US, there are a number of private couriers. How to Mail Prescription Drugs | Easyship Blog This means that it is not a strict liability crime. I highly recommend Judith Samson-you will not find a lawyer who cares more for the client than Judith. 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. 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. Unsurprisingly, you can also buy drugs online and a surprising amount of people already engage in the activity. Mailing drugs without a license is a federal offense. If Charges Are Dismissed Do You Have a Criminal Record? Doing this is considered a 21 USC Section 841 Prohibited Act. For more information on drug charges and specific penalties, read here. 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. An agent or employee acting in the course of employment for a registered manufacturer, distributor or dispenser. Crunching the numbers, the Postal Service faces an enormous task in preventing the trafficking of illicit substances. I dont know the answer. It could mean years in prison and heavy fines. There are in fact cases where someone has received drugs in the mail by mistake. This automatically elevates your drug crime to a federal drug crime. 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. The dopest content, straight to your inbox. "That's usually not how it happens. NSW police declined to comment on what processes are put in place when they're alerted to the discovery of drugs in the mail. 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. When it comes right down to the illegal transportation of cannabis via mail, USPS isrelatively!your safest bet. Yes, you are committing a whole separate and additional offense when you use the mail to ship drugs. Postal Inspection Service is committed to eradicating illegal drugs and their proceeds from the U.S. Mail. Buying drugs on the street from some shady or otherwise unknown seller comes with risks. In 2015 alone, they seized 34,000 pounds of marijuana from mailed packages. She was prompt to respond and very personable to work with. This is considered distribution of a controlled substance. Providing criminal defense to Minnetonka Criminal Lawyer, Eden Prairie, Edina, Bloomington, Eagan, Burnsville, Bloomington, Farmington, Hastings, Maplewood, St. Paul, Arden Hills, Anoka, Criminal Defense Minnetonka Colombia Heights and throughout the Twin Cities. 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. By accessing this site, you accept the Terms of Use and Privacy Policy. This is why some have chosen to go about it online. Judith Samson, Attorney at Law I sometimes get nervous phone calls from people worried about what they may have done illegally in the past. Ever since the closure of the infamous Silk Road and the media furor surrounding it, people now know of the existence and the nefarious proclivities of particular groups within the Dark Net. Hill is accused of arriving at the meet-up place and was arrested. Red Law. But it is legal with the proper licensing that was mentioned above. Brown said the package was addressed to someone named "Oscar," whom he doesn't know. And as the ABC recently revealed, the postal service in fact "lacks the legal authority" to open mail. 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. This attorney is great. 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. The anonymous woman told alocal station: [w]hen the first officer got here, she was in disbelief.. Legal information is not the same aslegal advice, which is the application of law to an individuals specific circumstances. Postal Inspection Service. The judgment shall also impose supervised release of at least 2 years in addition to imprisonment. It could mean years in prison and heavy fines. Imagine this scenario: you've bought yourself a ten-pack of pills from a vendor on a dark net. 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. A good lawyer will examine every aspect of the prosecution case to uncover any violation of rights or procedural errors. 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. Then, an unidentified male contacted the post office concerning the refused parcel and requested re-delivery of the package. Mrs. Samson was just an amazing lawyer. 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. Apr. Posted on Feb 15, 2012. Mercier was arrested after the owners of . Florida is extremely strict when it comes to drug trafficking, and you could potentially face felony charges. The penalty for receiving drugs in the mail is drug trafficking charges. Often when receiving drugs, they need to cross state lines to reach your home. So unless a domestic package is particularly suspicious, it's unlikely to raise much notice with the mail person. How Much Does a DWI Lawyer Cost in Texas? One of the main reasons a person may attempt to transport drugs via mail is because of the Fourth Amendment. This button displays the currently selected search type. 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. Inmates at Fulton County Jail have been receiving drugs drugs through the mail, according to deputies. This blog did not cover many of the other drugs, besides marijuana and prescription drugs, that may get mailed. They said the goal is achieved by prohibiting mail containing illegal items, investigating criminal activity and dismantling the dark web, which allows drug dealers to sell their goods through an internet connection. The envelopes shall be spill proof and not marked as containing medication. Despite the fact he was never involved in actually selling any drugs. 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.. 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. If you have been accused of a drug crime involving possession, selling, trafficking, or disturbing, call aTallahassee criminal defense attorneyas soon as possible. While DHL claims to inspect 100% of their packages, they and other couriers are not required to x-ray all shipments. 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. With no answers about where the marijuana came from, the Florida couple was concerned for their safety. 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. 453 Controlled Substances and Drugs | Postal Explorer - USPS Section 893.03 of the Florida Statutescoverscontrolled substancesand explains how controlled substances are classified into different categories known as Schedules. Her honest, strong work ethic stands Judy is a professional lawyer that helps through your case beginning to end. 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. Eric Torberson is a licensed attorney in Texas as well as licensed in the federal courts of the southern and western districts of Texas.
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