![]() What Would Actually Happen if the DEA Rescheduled Cannabis? “…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.” Postal inspectors must acquire a search warrant based on probable cause before inspecting mail and parcels. In contrast to these policies, the US Postal Service seems like the preferred carrier for many drug shippers because it offers more stringent Fourth Amendment protection. While DHL claims to inspect 100% of their packages, they and other couriers are not required to x-ray all shipments. DHLĭHL accepts packages containing hemp plants and derived products with under 0.3% THC, but only within the US. 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. 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, you’re 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. FedEx, UPS, and DHL all specify in their terms of service that they reserve the right to open and inspect any package at their own discretion. A discerning cannabis shipper might ask “Which service should I choose and are any of these a better, safer option than USPS?” Surely these private companies offer the paying customers greater protection against government interference and warrantless searches? The big three outside of USPS are FedEx, UPS, and DHL. In terms of alternative carriers within the US, there are a number of private couriers. See all dispensaries What about mailing weed through private couriers like UPS or FedEx? Delta-8’s legal status currently exists in a gray area while the DEA has listed it alongside delta-9 THC on its scheduled substances list, it hasn’t been officially scheduled as such, yet. You can extract it from federally-legal hemp plants, so you should be able to ship it anywhere in the country, right? Well, no. 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. ![]() Hemp products can be mailed legally within the United States by the USPS as well as private mailers like FedEx and UPS, though there are some exceptions, such as vaporizers, and legality depends on if the sender or delivery state has laws in place that prohibit it. With the passing of the 2018 Farm Bill came the federal legalization of hemp and hemp-derived products, which are defined as having less than 0.3% THC. It’s totally at the discretion of the prosecutor. Once a package is seized, a person is liable to face prosecution in both the state in which it was mailed as well as the state in which it was delivered. 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. ![]() Plus, marijuana is still a Schedule I drug. Additionally, as a government agency, the United States Postal Service is subject to federal law any illegal use of their services is a felony. Though states can legalize marijuana possession under local law, possession for any reason outside limited research technically remains a federal crime, as does shipping cannabis through the mail. As one of the country’s oldest law enforcement agencies, they work to identify and prosecute major drug mailers and intercept illegal drug proceeds that traffickers attempt to send through the mail.īut we know what you’re thinking: How many of those billions of packages being mailed each year contain cannabis? Are people getting away with mailing cannabis? Can I mail weed and not get caught? Is it worth risking the consequences? The long answer is a little more complicated, and we’re here to break it down. ![]() Postal inspectors play a key role in helping wage the nation’s War on Drugs, including cannabis. The short answer: mailing flower, edibles, vapes or any other cannabis product is federally illegal. ![]()
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