In fiscal year 2015, the Postal Inspection Service seized about 34,000 pounds of marijuana from the mailstream. Our office is located in downtown Minneapolis in the Flour Exchange Building. For third party couriers, the onus of responsibility falls on them to report illicit packages to the authorities, who can acquire warrants and open investigations. But what happens if you use the USPS to send mail that contains illegal substances? It's best to talk with an experienced and aggressive Federal Criminal Defense Attorney as soon as possible. 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. Brisbane nurse Peter Nash knows first hand what happens when the authorities find out you've been dealing with a dark net market. Mens Rea is a latin term for guilty mind. If you have been accused of a drug crime involving possession, selling, trafficking, or disturbing, call aTallahassee criminal defense attorneyas soon as possible. For different drugs that may involve minors or death, the limitations period may be longer. This automatically elevates your drug crime to a federal drug crime. If they find drugs, they will use an undercover law enforcement officer to deliver the package. 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. . What About Prescription Drugs? If caught by USPS, UPS or Fedex most likely the package will be referred to an investigator. However, unlike the risk of arrest for buying drugs in person, receiving drug through the mail comes with higher penalties. Red Law. 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. 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 If the amount of marijuana is higher, or the drug is more dangeroussuch as cocaine or herointhen the penalties will be even more severe. 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. Most were commercial buyers with their own Australian resale sites. Not every lawyer focuses on those qualities. I was pleased with Judith Samsons work ethic..She worked from start to finish on my case, she explained in detail what was happining. "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. It is not uncommon for people to attempt to mail drugs using these sources. Any individual who engages in shipping marijuana across state laws could face criminal charges involving drug possession and even drug trafficking. 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. He takes a similar view that law enforcement resources are largely too stretched to pursue small drug seizures delivered by mail. Getting your Texas driver license back will depend on the reason it is suspended. 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. Peter told me that during his time as a forum moderator on Silk Road "there were often panicked posts from people who had been contacted or raided by the police following a shipment going missing." This means that if there an illegal act is committed through the USPS system, it is classified as a felony. Is it just a coincidence, though, that the level of detected cannabis has fallen as more states wholly legalize? In 2014, Tennessee's legislature passed a "Fetal Assault Law," which made it possible to prosecute pregnant women for drug use during pregnancy. The USPS tells Leafly that the anti e-cig law will apply to the entire vaping industry. I have very successful results for my clients. I try hard and care about my clients. Under Federal law, it is illegal to mail any prescription drugs or pills. I was beyond embarrassed and extremely scared. The USPS, as well as partnering law enforcement agencies, simply dont have the resources to try to figure out where the drugs are coming from and whos expecting them. The USPS takes a very vigilant, proactive stance on eliminating drug trafficking in the US mail system and guarantees the U.S. She read through all the information on both sides very carefully and found the things that would matter. 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. Is it illegal to receive drugs in the mail? Can I mail weed and not get caught? The long answer is a little more complicated, and were here to break it down. Made key points and cut out all the middle stuff and had a clear plan. 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. An investigation or surveillance will most likely take place with bigger and more frequent mailing operations. 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. In this case, the drug packages DID cross state lines. 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. 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. Postal Service. 29AUBURN A local man was arrested Friday afternoon after reportedly receiving a package containing fentanyl he had mailed to himself at a local restaurant. 2023 Copyright Veteran Defense Attorney Eric Torberson. Getting accused of having drugs on your person is no small issue. Surely you get arrested right? However, without the acceptance of the DEAs registration, you can face criminal charges for the misuse of prescription medicine. In this case, the drug packages DID cross state lines. Unfortunately, obtaining a warrant is rather simple for them to do because packages containing narcotics can be suspicious in nature. That was huge to a person like me who had never ran into any law issues before. To apply, a person or business must be of the following: manufacturers, distributors, researchers, canine handlers, analytical laboratories, importers, and exporters. See our Cookie Policy and Privacy Policy to learn more. #6. If you qualify for defensive driving and desire to take defensive driving, that is one way. This can be difficult if there's no paper trail and the parcel is addressed to a fake name. I would like to thank you for your assistance in my dad case. I was scared about it and as soon as I talked to Mrs. Samson I felt relieved. 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. It requires knowledge or intent. 720-507-1884. matt at red dot law Eric Torberson is a licensed attorney in Texas as well as licensed in the federal courts of the southern and western districts of Texas. Affordable Criminal Lawyers in San Antonio, Can I check my Drivers License Status Online. Call(850) 681-7777today orsend an online messageand receive a free consultation regarding your case with an attorney in our team. They say the contraband isn't "in" the mail, but rather "on" it. 822 covers this registration process with the Attorney General in detail. 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. This blog did not cover many of the other drugs, besides marijuana and prescription drugs, that may get mailed. This button displays the currently selected search type. As soon as the couple opened the bins, they found a large amount of marijuana and immediately called the police. Ross hails from the west coast of Ireland but currently resides in Seattle, where he is a product manager for Leafly. The police may have violated your right to due process of law by improperly reading your rights. "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. However, unlike the risk of arrest for buying drugs in person, receiving drug through the mail comes with higher penalties. Packages that go through first class shipping are in fact protected by your Fourth Amendment right. Postal Service Doubles Down on Cannabis Enforcement, Issues Nationwide Policy. 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. On the face of it, ordering drugs off the dark net is a lot safer than buying in person, both for your health and your criminal record. If your registration has been approved, then you are allowed to ship the prescription drugs through the mail. If you possess more than 30g, while still a misdemeanor, you can be sentenced . I was very lucky to have her by From day 1 Judi Samson was there for you, listening to what you have to say and always welcoming to answer all of your questions. "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. Postal inspectors play a key role in helping wage the nations War on Drugs, including cannabis. 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. When it comes right down to the illegal transportation of cannabis via mail, USPS isrelatively!your safest bet. Mailing Drug Packages: Drug Trafficking. 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. But when pressed for examples, Dr. Martin gave a few: "If it comes from Colombia; if it's leaking a fluid or smells like pot," he said. We asked some experts as well as the former Australian moderator for the forum on Silk Road. 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. On Dec. 22 last year, the District Court dismissed without prejudice, the drug case against Mel Katrina Wells because the government failed to prove probable cause as to her knowledge that the parcel she picked up at the Post Office had drugs 3 pounds of methamphetamine inside the package. She led you through the process and guided you through the system with ease. 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. To paraphrase Gertrude Stein, traffic, is traffic, is traffic. The United State Postal Service is different. * Statements made on this website have not been evaluated by the U.S. Food and Drug Administration. 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. 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. Contributing to the Delinquency of a Minor, Assault or Battery of Law Enforcement Officers, Fleeing to Elude a Law Enforcement Officer, Failure to Obey a Lawful Order by Law Enforcement, False Reports to Law Enforcement Authorities, Drug Trafficking Charges / Possession with Intent to Sell, Possession with Intent to Sell / Marijuana Trafficking Charges, Importation / Smuggling Cannabis-Marijuana, Methamphetamine (Crystal Meth) Possession Charges, Possession of a Firearm by a Convicted Felon, Improper Exhibition Of Weapon or Firearms, Trespassing on School Grounds with a Weapon, Unlawful Installation of Tracking Device or Application, Human Trafficking Survivors Criminal Record Relief, Florida Homeowners Insurance Claim Lawyers, Citizenship & Naturalization Lawyer in Orlando, Criminal Appeals and Post Conviction Relief Attorneys. 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. 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. Since the USPS operates on federal law, it remains illegal and risky to mail cannabis and cannabis products anywhere in the US, including out of the country, state to state, and within a state, even if medical and/or adult-use laws are in place. Section 893.03 of the Florida Statutescoverscontrolled substancesand explains how controlled substances are classified into different categories known as Schedules. 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. 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. Would highly recommend!! In 2021, the DEA made less than 1,000 marijuana trafficking charges. Its best to talk with an experienced and aggressive Federal Criminal Defense Attorney as soon as possible. If you have been arrested for receiving drugs in the mail, your first step should be to contact a lawyer. Criminologist Dr. James Martin is the author of Drugs on the Dark Net: How Cryptomarkets are Transforming the Global Trade in Illicit Drugs. Hill is accused of calling the postal office to inquire about the package. 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. You'll also need the following information on the commercial invoice in order to mail prescription drugs: Full name, address, and phone number of the recipient's physician. 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 . 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. This means harsher penalties if you are caught. A good lawyer will examine every aspect of the prosecution case to uncover any violation of rights or procedural errors. To meet your needs, I provide 24 hour service, off-site appointments, and a free initial consultation. Crunching the numbers, the Postal Service faces an enormous task in preventing the trafficking of illicit substances. Most Americans can access illegal substances with a simple click thanks to Internet access, Dark Net markets, and social networks like Instagram. 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. Copyright 2022 Scripps Media, Inc. All rights reserved. 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. Postal Service cant open anyones mail without a search warrant. Postal Inspection Service. what happens if you get caught posting yourself drugs, what happens if you get caught buying drugs online. 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. (AbodbeStock), Outdated, handwritten or missing return addresses. The increasingly under-resourced organization faces increasing pressure to downsize, exerted by the government. However, shipping 50 to 99 marijuana plants regardless of the weight will increase the offense punishment to 20 years and a 1 million dollar fine.
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