Using UPS or FedEx to Ship Marijuana
Because the USPS is a federal government agency, it must strictly obey federal guidelines. Using the United States Postal Service to mail weed — even within the territorial limits of California (a pot-legal state) — is a felony under 18 U.S. Code 1716.
As the California legal marijuana marketplace grows, both sellers and consumers are increasingly wondering if it is possible to legally mail marijuana within the United States. The answer is a simple and resounding no. Importantly, this holds true regardless of whether the shipment origin or destination have laws legalizing marijuana. Let’s understand why.
There risks of mailing marijuana are significant. For one thing, you can be charged under either federal law or the law of the state in which the cannabis shipment originated or the state to which it was delivered. Furthermore, charges will be compounded for interstate trafficking as well as based on the quantity of the marijuana. And under federal guidelines, mailing as little as 50 grams or less of marijuana can land in the federal penitentiary for up to five years.
Under the federal Controlled Substances Act, cannabis is a Schedule I drug. Schedule 1 controlled substances are those which, in the opinion of the United States government have a high potential for abuse and no currently accepted medical use.
Indeed, the Supreme Court has ruled that giving your package to a third-party “removes any reasonable expectation of privacy.” This means that private carriers have the right to open and inspect any package at their own discretion.
And when it comes to our country’s mail delivery services, federal law trumps all other laws of the land. As a result, mailing marijuana is illegal across all modes of mail delivery. This includes private carriers such as FedEx and UPS as well as the United States Postal Service (USPS).
Risks of Shipping Weed by Mail
However, as U.S. postal workers are federal government employees, they need a warrant based on probable cause in order to search a package for drugs. According to the U.S. Postal Inspection Service, “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.”
Legally-Blunt Posted by Meital Manzuri, Esq. | Jan 20, 2017 | 7 Comments As the California legal marijuana marketplace grows, both sellers and consumers are increasingly wondering if it