In fiscal year 2015, the Postal Inspection Service seized about 34,000 pounds of marijuana from the mailstream. 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. Consequences will vary by state, but, as an example, in Wisconsin, any delivery or distribution of a controlled substance is a felony with a fine of up to $100,000 and 40 years imprisonment. The question of whether accepting a package of illegal substances through the mail can open someone up to a police search or even criminal charges even if the recipient claims not to know the contents is among the legal issues surrounding a recent raid on a Beach Park home. charged with more than possession, and it will likely be a felony, but it. Consider the Orlando Criminal Defense Attorneys at the Rivas Law Firm. I would like to thank you for your assistance in my dad case. Doing this is considered a 21 USC Section 841 Prohibited Act. In this case, the drug packages DID cross state lines. People sometimes send drugs through the mail because unlike FedEx or UPS, the U.S. Remember, the act is an illegal one and, without a doubt, carries a significant level of risk. State police in Greensburg. Judith is sharp, focused, and intuitive. The authorities investigated the case, and neither the husband nor wife were arrested. depends on the specific facts of the case (the amount, who it was from, what. Its been an ongoing problem that law enforcement are trying to combat. 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. They all also specify that shipping any form of marijuana remains illegal and unacceptable. When you drop your package off at the FedEx or UPS store to be mailed, youre putting the property into the possession of a third party, and the Supreme Court has ruled that giving your package to a third party removes any reasonable expectation of privacy. We should note that none of these couriers policies explicitly address delta-8 products. The homeowner, Paul Brown, said the raid, apparently done in search of evidence of pot-dealing, was unjustified. You are not supposed to mail a loved one medication that they left at your house over the holidays. The United State Postal Service is different. Getting your Texas driver license back will depend on the reason it is suspended. 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. The inspector can then get a warrant to open the package. In terms of alternative carriers within the US, there are a number of private couriers. so there is this vast disparity between obtaining drugs through the mail and obtaining drugs from a dealer, i have read all i could on the topic of sentencing but couldn't find much except for a few cases. Post inspectors have a long list of signs and tells that help them determine if a package could contain marijuana or other illicit substances. The USPS tells Leafly that the anti e-cig law will apply to the entire vaping industry. These seizures have led to thousands of arrests. Is it illegal to receive drugs in the mail? I highly recommend Judith Samson-you will not find a lawyer who cares more for the client than Judith. We were still pretty fearful our home would be broken into, and we didnt sleep there for a few days, said the woman. If the recipient accepts the package, an arrest can be made. 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 allows for a unregistered ultimate user prescription possessor to dispose of prescription drugs by mailing them in pre addressed postage paid envelopes. If there is suspicion ofdrug trafficking, what happens first is that the package is seized meaning that it is taken out of its normal mail cycle for the authorities to review. 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. "If the police can't prove which computer the order came from, and all they have is evidence of it being mailed to an address in a package addressed to a name that isn't your name, then there's going to be the issue of proving 'exclusive possession. One of the main reasons a person may attempt to transport drugs via mail is because of the Fourth Amendment. For example, marijuana is considered a Schedule 1 drug, meaning the law recognizes a high potential for abuse. We use cookies for certain features and to improve your experience. Postal Inspection Service's primary focus is to identify and pursue traffickers of all types of illicit substances (which includes marijuana obviously). This means harsher penalties if you are caught. I try hard and care about my clients. Any individual who engages in shipping marijuana across state laws could face criminal charges involving drug possession and even drug trafficking. In fiscal year 2011, the most recent reported, the Postal Inspection Service reported 1,327 arrests and 1,102 convictions in drug cases nationwide. It could mean years in prison and heavy fines. Eric Torberson is a licensed attorney in Texas as well as licensed in the federal courts of the southern and western districts of Texas. Jan 16, 2004. 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.. The penalties for drugs mailed through FedEx and UPS are dependent on the type and weight of illicit substances within the package. If you have been accused of a drug crime involving possession, selling, trafficking, or disturbing, call aTallahassee criminal defense attorneyas soon as possible. Mens Rea is a latin term for guilty mind. This post was originally published on July 26, 2016. Records state that a member of the investigative team acted in an undercover capacity as an unscrupulous USPS employee with a confidential informant to arrange for the delivery of the refused parcel in Virginia Beach. 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. Hill has his next court hearing March 29. What Happens If You are the Defendant in a High-Profile Crime? In 2016, postal service inspectors seized over 37,000 pounds of drugs (the majority of which were marijuana) with an estimated value of 23.5 million dollars. The increasingly under-resourced organization faces increasing pressure to downsize, exerted by the government. The registration period for list 1 chemicals (used in the manufacture of controlled substances) is for no less than one year or more than three years. Postal Service to send and receive narcotics, authorities said. Any drug that is available for retail without a prescription is considered an over-the-counter drug. Florida is extremely strict when it comes to drug trafficking, and you could potentially face felony charges. Affordable Criminal Lawyers in San Antonio, Can I check my Drivers License Status Online. Apr. Well, no. Disclaimer: The information you obtain at this site is not, nor is it intended to be, legal advice. Ultimately, can beggars be choosers? Yet, while a number of people engage in the buying and selling of a wide array of narcotics online and shipping them just like your standard Amazon package, there are still a number who get caught doing it. However, unlike the risk of arrest for buying drugs in person, receiving drug through the mail comes with higher penalties. My case was about "violation on an order for protection". This automatically elevates your drug crime to a federal drug crime. Thorough and effective in preparation and in the courtroom, compassionate and responsive with us as clients. 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. Today more than ever, drugs are illegally distributed via mail services like USPS, Fedex, and UPS. 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. The following is a list of controlled substances commonly seized from drug packages in the United States: USPS is not the only means of shipping drugs in the United States. Information provided by this website or this company is not a substitute for individual medical advice. Leaving the Scene of a Single Car Accident in Texas, Unauthorized Use of a Motor Vehicle Texas. Receiving Drugs in the Mail is a Federal Offense. The ultimate user who possesses the controlled substance for his or her own use, household, or an animal owned or in the household. To apply, a person or business must be of the following: manufacturers, distributors, researchers, canine handlers, analytical laboratories, importers, and exporters. The police may have violated your right to due process of law by improperly reading your rights. Our prohibited narcotics program focuses on the disruption of organized narcotics-trafficking operations, to help protect employees and customers from the violence related to drug trafficking, and to inhibit the spread of illegal or unmailable substances into neighborhoods across America.. Often when receiving drugs, they need to cross state lines to reach your home. 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. The big three outside of USPS are FedEx, UPS, and DHL. 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. Judith samson made me feel at ease. It is illegal to mail prescription drugs in most instances. Common examples of such drugs are mild pain-relief medicines and skin creams. Unfortunately, using private services like UPS or FedEx allows the shipping service to open any package at their discretion. Would highly recommend!! Twenty year mandatory minimum if death or serious bodily injury results from use of the drug. The Trump-appointed and current Postmaster General, Louis DeJoy, has made further cuts to plant locations, office hours, and mail delivery times. There are a few different options to get out of a ticket in Texas. 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. It is important to look at each statute in question to see if there is a mental state assigned. This material may not be published, broadcast, rewritten, or redistributed. And we mean relatively. Carrier or warehouseman possessing in the usual course of employment. They are also coming down hard on offenders. 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.