His attorney had no comment about the accusations. 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.. 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. Its been an ongoing problem that law enforcement are trying to combat. Postal Inspection Service. Can I Mail Prescription Drugs with USPS? - Stamps.com Blog How Much Does a DWI Lawyer Cost in Texas? Postal inspectors play a key role in helping wage the nations War on Drugs, including cannabis. https://www.erictorberson.com. 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. This may seem obvious, but at this point in time it is not wise to send drugs through the mail. Well, no. 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. The envelopes shall be spill proof and not marked as containing medication. You need the best criminal defense you can get when your life and liberty are on the line. She was accurate in her estimation of the final charges that were filed. The best defense against these charges begins with a thorough investigation of the case by a tenacious federal criminal defense attorney. 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. Ultimately, can beggars be choosers? 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. If you know you are receiving a package that contains drugs or another banned substance, you face the same consequences as the person who mailed the package. ', "If it's sent to a house with 10 people living there, addressed to Bob and there's no Bob living there, then police are going to have a hard time.". Judith earned Judith Samson did a wonderful job for me on my case. Let's say you are receiving drugs in the mail from an "out-of-state" sender. Unfortunately, using private services like UPS or FedEx allows the shipping service to open any package at their discretion. 843 (b). Mailing Weed: Is it Legal? | PotGuide In fiscal year 2011, the most recent reported, the Postal Inspection Service reported 1,327 arrests and 1,102 convictions in drug cases nationwide. However, she said delivery of drugs through the mail seems to be a growing trend in recent years. 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. Drug trafficking can happen in a variety of ways. This post was originally published on July 26, 2016. This website provides information to help people resolve their legal problems. 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. Buying drugs on the street from some shady or otherwise unknown seller comes with risks. What Qualifies as First Degree Assault in the State of Minnesota. Technically it is illegal to mail someone their or yourself your prescription drugs. 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. 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. 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. This automatically elevates your drug crime to a federal drug crime. "In cases where people come into possession of contraband but don't know it, the courts have consistently found that not a crime," Miller said, citing a well-established legal principle known as mens rea, meaning "guilty mind" or criminal intent. How to Mail Prescription Drugs | Easyship Blog 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. But this is just my opinion. VOLCANO (HawaiiNewsNow) - A Hilo grand jury indicted a Volcano man for attempted distribution of drugs after he allegedly received nearly one pound of amphetamines through the mail Tuesday . In Fiscal Year 2019, Postal Inspectors made 2,562 arrests involving drug trafficking using the U.S. Mail and seized over 150,000 pounds of illegal narcotics and nearly $25 This is an even more growing trend as marijuana becomes legal for recreation use and purchase in some states while remaining illegal in others and on a federal level. I was worried that two misdeamnors would go on my clean record, I'd pay a high fine and end up Judith Called me on Christmas Day to take and review my case which took a lot of worry off my plate from a recent citation while on probation. This is why some have chosen to go about it online. Judith Samson, Attorney at Law Not really with a good reason. "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. If you get caught sending or receiving illegal drugs in the mail or through a parcel service like FedEx or UPS, you could be facing federal felony drug trafficking charges. Defense Against Drug Trafficking Through the Mail. Apr. This post originally appeared on VICE Australia. The dopest content, straight to your inbox. FREQUENTLY USED FEDERAL DRUG STATUTES - United States Department of Justice Consider the Orlando Criminal Defense Attorneys at the Rivas Law Firm. And both federal and state laws will apply to your drug trafficking charges. These penalties can vary, but because shipping drugs through the mail system is such a rampant crime, they typically like to make an example of those they catch. Addiction Help The mission of the Inspection Service is protecting the American people and the U.S. Mail from illicit drug activity. Persons registered by the Attorney General may manufacture, distribute, or dispense controlled substances. Postal Service to send and receive narcotics, authorities said. One which is can I get in trouble for when I mailed marijuana a long time ago?. The homeowner, Paul Brown, said the raid, apparently done in search of evidence of pot-dealing, was unjustified. Her fees were reasonable. 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. You can read about the specific penalties for each type of controlled substance being traffickedhere. 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. Any individual who engages in shipping marijuana across state laws could face criminal charges involving drug possession and even drug trafficking. 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. Smugglers Blues: US Legalization is Crashing Mexicos Cartel Market. 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 penalties for drugs mailed through FedEx and UPS are dependent on the type and weight of illicit substances within the package. Selling drugs carries much harsher penalties than those received for simple drug possession in the U.S. For different drugs that may involve minors or death, the limitations period may be longer. And as the ABC recently revealed, the postal service in fact "lacks the legal authority" to open mail. What are the Penalties for Mailing Marijuana Through the Postal Service? Does USPS check packages for drugs? - TimesMojo Most of the time, though, he assumed prosecutions rarely resulted from interceptions of small quantities. 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. It was most recently updated on May 18, 2022. Under Federal law, it is illegal to mail any prescription drugs or pills. . Thorough and effective in preparation and in the courtroom, compassionate and responsive with us as clients. It requires knowledge or intent. That was huge to a person like me who had never ran into any law issues before. The USPS takes a very vigilant, proactive stance on eliminating drug trafficking in the US mail system and guarantees the U.S. The US Post Office says postal inspectors across the country work every day to protect postal employees and the American public by leading the effort to eliminate drugs and contraband in the U.S. mail, both foreign and domestic. Will a Misdemeanor Affect a Background Check? Mailing Drug Packages: Drug Trafficking. Crunching the numbers, the Postal Service faces an enormous task in preventing the trafficking of illicit substances. I had two misdemeanor charges and she got one of them dropped and the other charge got changed to a petty misdemeanor. In a handful of odd cases where people were caught, Peter said they'd just ignore letters from the court and keep on ordering stuff to their home address, pretending as though nothing was wrong. If caught by USPS, UPS or Fedex most likely the package will be referred to an investigator. Your lawyer can challenge search warrants, evidence handling, and crime lab procedures. 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. distribution, importation, possession, whatever). If found guilty, pregnant women could face up to 15 years in prison and lose custody of their child. But not yet. Dr Martin says the address the package has been sent to will likely get a "love letter" in the post from Customs. Section 893.03 of the Florida Statutescoverscontrolled substancesand explains how controlled substances are classified into different categories known as Schedules. Can you Mail Drugs Through the USPS Without Getting Caught? An investigation or surveillance will most likely take place with bigger and more frequent mailing operations. "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.". For a first offense, someone would face a penalty of a minimum of five years, but not more than 40 years, in prison and a fine of up to $5 million. Pennsylvania law breaks down the offenses and penalties related to marijuana into four main categories: Possession: If you possess 30 grams or less of marijuana, it is charged as a misdemeanor and punishable by up to 30 days incarceration and a maximum fine of $500. "Australia Post does not have, for example, sniffer dogs, X-ray machines or explosive trace detectors," the spokesperson said. Family begs for clemency as Singaporean set to hang for drugs - MSN Law enforcement combat illegal drugs being sent through the mail - WTKR If you are facing any charges in this area please call me or contact me about your situation. She read through all the information on both sides very carefully and found the things that would matter. Both FedEx and United Parcel Service (UPS) are companies that ship domestically and internationally. She will tell you. NSW police declined to comment on what processes are put in place when they're alerted to the discovery of drugs in the mail. I was arrested for visiting an escort, facing solicitation/prostitution charges. To compound this, in 2014, the US Department of Justice indicted FedEx with conspiracy to distribute controlled substances over its alleged role in transporting illegal prescription drugs. 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. 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. I dont know the answer. The only way that an item sent through USPS can be seized and searched is with a search warrant. 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. GRIFFIN received a 20-year federal sentence, and must serve 10 years of Supervised Release, which is the statutory maximum penalty that could be imposed by the Court. Still, buying drugs on the dark net is theoretically far safer in legal terms than walking past sniffer dogs at the gates of a festival with a bag of pills in your underwear. The mail is also checked by drug-sniffing dogs or X-ray machines. A one time small successful shipment most likely hasnt triggered an investigation unless someone has been in contact instructing so. The authorities investigated the case, and neither the husband nor wife were arrested. A postal inspector can seize a piece of mail and use a drug sniffing dog to confirm a reasonable suspicion that it contains illegal drugs. 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. People sometimes send drugs through the mail because unlike FedEx or UPS, the U.S. The increasingly under-resourced organization faces increasing pressure to downsize, exerted by the government. In 2019, the USPS processed almost 55,000 packages they suspected of containing marijuana. There are a few different options to get out of a ticket in Texas. In addition to removing illicit drugs from the mail, Postal Inspectors investigate and arrest criminals and disrupt drug trafficking networks across the United States. Increasingly favorable legislation in the US, coupled with Canadas federal legalization and Mexicos recent decriminalization, means more legal avenues for cannabis careers, and by extension, a drop in related crimes. Postal Service cant open anyones mail without a search warrant. Chapter 13 Title 21 U.S.C. 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.. This is why some have chosen to go about it online. Packages Suspected of Containing Marijuana | Office of Inspector If death or serious injury was also involved in the crime, the criminal would spend a minimum of 20 years, but not more than life, in prison. Jan 16, 2004. (AbodbeStock), Outdated, handwritten or missing return addresses. "Just receiving a package without knowing its contents isn't sufficient to be convicted of a crime.". It is illegal to mail prescription drugs in most instances. Luckily for Peter he was eventually released with time served. 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. The shipping bins were sent from the Amazon shipping facility in Massachusetts. However, unlike the risk of arrest for buying drugs in person, receiving drug through the mail comes with higher penalties. Postal inspectors must acquire a search warrant based on probable cause before inspecting mail and parcels. Also the online pharmacy shall clearly display a declaration of compliance with Section 831 on its homepage. In this case, the drug packages DID cross state lines. In fiscal year 2015, the Postal Inspection Service seized about 34,000 pounds of marijuana from the mailstream. 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. The police were able to seize the drugs from the couple and open an investigation, however, there were never any answers from Amazon. We invite you to contact us and welcome your calls, letters and electronic mail. else was in the package, etc) and you don't want to discuss all those. Marijuana is the most commonly-seized drug, and astudyreported that in just 2014, 39,301 pounds of marijuana were seized by inspectors. More than 200 federal laws protect the. 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. To meet your needs, I provide 24 hour service, off-site appointments, and a free initial consultation. Illicit substances intercepted in the mail | Australian Federal Police From my first contact with Judith until all was completed she was there to answer any of my questions or address my concerns. 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 . One of the main reasons a person may attempt to transport drugs via mail is because of the Fourth Amendment. The statistics provided are not going to tell us how many shipments of drugs successfully were mailed and received at their destination. It is not uncommon for people to attempt to mail drugs using these sources. Postal Inspection Service's primary focus is to identify and pursue traffickers of all types of illicit substances (which includes marijuana obviously). Records say that when Hill was arrested, he alleged said he had known the methamphetamine source in California for approximately one year, and they charged him $500 per ounce of methamphetamine. Does Domestic Violence Charges Affect Gun Ownership? So are you going to get hauled away by the cops, or is it just not worth it for the already clearly busy Border Protection forces? Judith represented my son on a DWI charge, and obtained an excellent outcome for him. Mrs. Samson was just an amazing lawyer. Penalties Under State and Federal Law 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). We use cookies for certain features and to improve your experience. This is considered distribution of a controlled substance. The information on this website is not legal advice. Both the drug sender and recipient will face penalties. The United State Postal Service is different. In this case, the drug packages DID cross state lines. I have never hired a lawyer before Judith. In fiscal year 2011, the most recent reported, the Postal Inspection Service reported 1,327 arrests and 1,102 convictions in drug cases nationwide. Sending or Receiving Drugs Through Mail in Florida - Avvo 6 An individual who has repeatedly been caught With no answers about where the marijuana came from, the Florida couple was concerned for their safety. The best way to ensure you have a solid defense for your case is to reach out to an experienced defense attorney in your area. The letter will also invite the addressee to write and challenge Customs' right to dispose of the package. Ross hails from the west coast of Ireland but currently resides in Seattle, where he is a product manager for Leafly. Not every lawyer focuses on those qualities. Is it illegal to receive drugs in the mail? I would recommend her for any case as she is very effective at getting your case handled. Red Law. HAMPTON ROADS, Va. Right now, criminals are working to send drugs through the postal service. 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. For example, marijuana is considered a Schedule 1 drug, meaning the law recognizes a high potential for abuse. Then it is likely that a drug dog will examine the package. Affordable Criminal Lawyers in San Antonio, Can I check my Drivers License Status Online. "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. 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. In Texas if a mental state is not assigned than it allows for at least a reckless mental state. The potential penalties double for a second offense - up to ten years and a fine of up . 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. Customs use their resources in a much more targeted fashion. Despite these hefty risks, and the fact more than half the country has legal access to either medicinal or adult use programs, some cannabis users continue to dismiss the run-of-the-mill driving delivery system and keep mailing their product. Hill is accused of arriving at the meet-up place and was arrested. She turned my gross misdemeanor into a petty misdemeanor and was very prompt and professional every time we spoke. In terms of alternative carriers within the US, there are a number of private couriers. Federal court documents state that in December 2020, the investigative team comprised of Homeland Security Investigations, the United States Postal Inspection Service and the Virginia Beach Police Department received information from a confidential source that Nathan Hill and other unnamed conspirators were allegedly receiving mail parcels containing methamphetamine for distribution in the Eastern District of Virginia. Unfortunately, obtaining a warrant is rather simple for them to do because packages containing narcotics can be suspicious in nature. This blog did not cover many of the other drugs, besides marijuana and prescription drugs, that may get mailed. #6. Can You Mail Weed or Edibles Legally? | Leafly Its best to talk with an experienced and aggressive Federal Criminal Defense Attorney as soon as possible. It is impossible to know how many packages successfully are mailed. Over 20 years experienced criminal defense representation in Minneapolis, Minnesota. If you have been accused of a drug crime involving possession, selling, trafficking, or disturbing, call aTallahassee criminal defense attorneyas soon as possible. Getting illegal drugs in mail a crime if recipient knows it What Happens If You are the Defendant in a High-Profile Crime? This situation may arise for Floridians visiting states where marijuana is legal, who seek to send items containing marijuana back to Florida. In order to open the package, the USPS must first obtain a warrant to do so if they suspect narcotics inside. Are people getting away with mailing cannabis? When you involve the United States Postal Service in the transaction, it makes the matter a federal offense. The user shall not be required to provide any personal information when mailing the medication to a collector. Often when receiving drugs, they need to cross state lines to reach your home. Buying drugs on the street from some shady or otherwise unknown seller comes with risks. Be it prescription drugs or over-the-counter drugs when such mail is identified, and it will be seized and destroyed. In 2016, despite turning a profit in a financial quarter for the first time in five years, President Obama still proposed the agency slash 12,000 employees in his fiscal 2017 budget. The anonymous woman told alocal station: [w]hen the first officer got here, she was in disbelief.. In short, no. 453 Controlled Substances and Drugs | Postal Explorer - USPS 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. 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.