Another exception to mailing prescription drugs is the 1317.70 Mail-back program. The threat of prosecution decreases if a package is not detected. The penalties for drugs mailed through FedEx and UPS are dependent on the type and weight of illicit substances within the package. Let's say you are receiving drugs in the mail from an "out-of-state" sender. Dr Martin says the address the package has been sent to will likely get a "love letter" in the post from Customs. Yes. 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. These seizures have led to thousands of arrests. 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. Addiction Help The mission of the Inspection Service is protecting the American people and the U.S. Mail from illicit drug activity. Its best to talk with an experienced and aggressive Federal Criminal Defense Attorney as soon as possible. And both the receiver and the sender can likely be arrested, face fines or possible jail time. "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. 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. This automatically elevates your drug crime to a federal drug crime. Related: Norfolk man pleads guilty to shipping fentanyl, trying to bribe Homeland Security agent. The anonymous woman told alocal station: [w]hen the first officer got here, she was in disbelief.. 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. Thorough and effective in preparation and in the courtroom, compassionate and responsive with us as clients. Her work ethic is beyond measurable and is very evident in court. 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. Which Illegal States Are the Most Cannabis Curious? 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. And as the ABC recently revealed, the postal service in fact "lacks the legal authority" to open mail. 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 judgment shall also impose supervised release of at least 2 years in addition to imprisonment. The judgment shall also impose supervised release of at least 2 years in addition to imprisonment. Defense Against Drug Trafficking Through the Mail. It is a federal offense unless a person has the proper licensing. She is very hardworking, honest, and always willing to take a call to answer questions or address concerns. Depending on what the substance and quantity is will determine the punishment. UPS similarly prohibits shipping any cannabis products, but it does allow for raw hemp plants and CBD products that comply with state and federal laws (minus vapes), as long as they are shipped domestically and do not come from companies who also produce or handle marijuana or THC products. 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. The mail is also checked by drug-sniffing dogs or X-ray machines. 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. Unsurprisingly, you can also buy drugs online and a surprising amount of people already engage in the activity. And both federal and state laws will apply to your drug trafficking charges. Yes. 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. For a free consultation, call 407-644-2466 or contact us online. Made key points and cut out all the middle stuff and had a clear plan. 843 (b). It is important to look at each statute in question to see if there is a mental state assigned. Why is it so important to test cannabis products? 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 Doubles Down on Cannabis Enforcement, Issues Nationwide Policy. In addition to seizing cash obtained through criminal activity, postal inspectors have used federal forfeiture laws to seize houses, vehicles, boats, artwork, and other high-value items purchased with drug money. 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. What Would Actually Happen if the DEA Rescheduled Cannabis? 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." Examples of these have been leaked onto the dark net, if you're inclined to find out more. DHL accepts packages containing hemp plants and derived products with under 0.3% THC, but only within the US. You have been very pleasant, courteous and helpful in your dealings with our case. Last year, Postal Inspectors seized more than 14 kilograms of fentanyl and fentanyl analogues and more than 80 packages containing synthetic opioids. The latest data shows that while agents hit a seizures pinnacle in 2009, getting their hands on around 4 million pounds of cannabis, they only confiscated about 1.5 million pounds last year. She was very polite and professional. Both the drug sender and recipient will face penalties. We were still pretty fearful our home would be broken into, and we didnt sleep there for a few days, said the woman. This means that they cannot be searched or seized. Your lawyer can challenge search warrants, evidence handling, and crime lab procedures. Is it worth risking the consequences? The search warrant was dependent on someone at the house first accepting a package delivery. Sending mail through the United States Post Office (USPS) has been a common way to send items back and forth for fifty years. In this case, the drug packages DID cross state lines. 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. It does not matter where you ship the illegal substances toyour home, a friends home, a place of businessif the police are able to track and find out who sent and received the package, all parties can face serious charges. But what happens if your bargain price international bag does get picked up at the border? https://www.erictorberson.com. 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. Copyright 2022 Scripps Media, Inc. All rights reserved. The penalty for receiving drugs in the mail is drug trafficking charges. ", An Australia Post spokesperson confirmed to VICE that the "screening of postal articles for contraband" only happens at the border and is the "responsibility of the Department of Immigration and Border Protection, and the Department of Agriculture and Water Resources.". Judith represented my son on a DWI charge, and obtained an excellent outcome for him. You can extract it from federally-legal hemp plants, so you should be able to ship it anywhere in the country, right? The Postal Inspection Service conducts investigations of individuals attempting to use the mail for drug trafficking. Through a Motion to Suppress, a judge could rule that evidence seized without probable is inadmissible. This is an official notification that officers have picked up an item on the . How long is your license suspended for a DWI in Texas? Factors that raise suspicion with packages include: Unfortunately, if its got any THC above 0.3%, any cannabis-derived edible, cartridge, concentrate, and even topical can be seized and even used as proof of a drug-trafficking crime. I was pleased with Judith Samsons work ethic..She worked from start to finish on my case, she explained in detail what was happining. Anyone can mail such drugs with the USPS as long as they comply with federal and state laws such as the Poison Prevention Packaging Act of 1970 and the Consumer . Additionally, as a government agency, the United States Postal Service is subject to federal law; any illegal use of their services is a felony. Althoughmarijuanais considered legal in certain states across the United States, mailing a package containing drugs is a serious offense. 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 In 2019, the USPS processed almost 55,000 packages they suspected of containing marijuana. In order to open the package, the USPS must first obtain a warrant to do so if they suspect narcotics inside. Any drug that is available for retail without a prescription is considered an over-the-counter drug. Postal Inspection Service. Although she did not wish to be named due to safety reasons, thenews reportindicated that a local woman and her husband opened their Amazon shipping bins to find 65 pounds of marijuana. The dopest content, straight to your inbox. What Happens If You are the Defendant in a High-Profile Crime? Another option is to request a judge or How do I get my license back after suspension in Texas? Inspectors also seized $23.5 million in proceeds related to drug trafficking. Judith is sharp, focused, and intuitive. This material may not be published, broadcast, rewritten, or redistributed. Remember, the act is an illegal one and, without a doubt, carries a significant level of risk. I sometimes get nervous phone calls from people worried about what they may have done illegally in the past. She was prompt to respond and very personable to work with. What About Prescription Drugs? 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. Luckily for Peter he was eventually released with time served. While it can be difficult to convince law enforcement that the package shipped to your home with your name on it is not yours, it doesnt mean it is impossible. Robert McCoppin and Chicago Tribune reporter. "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. If the package is being shipped under fake names (which USPS computers can easily discern), it attracts the attention of drug sniffing dogs, or has been shipped from a monitored, known drug shipping address, they are within their rights to get a warrant and open it. * Statements made on this website have not been evaluated by the U.S. Food and Drug Administration. They understand what it takes to defend your case and are willing to stand in your corner and fight for your freedom.