Slowly but surely, states across the union have been legalizing marijuana for medical and recreational use. Today, more Americans than not find marijuana to be acceptable for adults, and more Americans believe it should be legal throughout the country. Even the Drug Enforcement Administration (DEA) and other federal players have softened their stances on marijuana.
Now, many marijuana consumers are wondering just what the limits of legalization are, specifically whether sending or receiving marijuana in the mail is prohibited. The short answer is that marijuana remains a federal crime, which makes it illegal to ship or transport marijuana across state lines.
But what about the intrastate mailing of cannabis? With the ever-changing landscape of marijuana legality, this is one question many businesses and consumers have and one that deserves to be clearly answered.
Don’t stand alone with your problem! At Gounaris Abboud, LPA, our reputation as effective fighters precedes us. Our Ohio drug crime lawyers play hardball and fight to win big. Call today for a free consultation and an effective defense against federal or state charges brought against you.
Federal Law’s Stance on Mailing Marijuana
The federal government’s official stance on both medical and recreational marijuana is clear: marijuana in any form is illegal at the federal level. Since mail is controlled by the federal government, it is illegal, thus, to mail marijuana products anywhere within the United States (this statement does not apply to the limited amount of marijuana products used in a federal program for a limited number of patients).
The United States Postal Service (USPS) specific regulations against the mailing of marijuana are strict and clear. The agency utilizes advanced detection efforts to find mailed marijuana products. Mail customers may mail cannabis products with .03% or less of tetrahydrocannabinol, which is considered to be legal hemp.
Other mail and shipping companies, such as FedEx, UPS, and DHL, have their own individual policies regarding marijuana as well. So as not to run afoul of federal laws, these companies also clearly prohibit shipping marijuana through their services, although they may allow low-THC cannabis (hemp) to be shipped.
It is important to keep in mind that these shipping agencies and the USPS regularly open packages in their efforts to detect illegal marijuana.
Regarding shipping or receiving marijuana at the international level, doing either at any level is illegal in the United States. Additionally, receiving products or shipping them out of the country from or to a country where marijuana is legal is still illegal in the U.S.
Shipping Cannabis: State Law Considerations
As mentioned, many states now allow the use of recreational or medical marijuana or both, which makes many users believe they have carte blanche in relation to marijuana use and possession. The truth is that federal law trumps state law, and federal law is active throughout all 50 states. So what we have here is a conflict that has resulted in the federal government allowing states to take point on marijuana’s legality within each of their borders.
However, this acquiescence by the federal government does not involve the feds allowing the USPS and other shipping agencies to carry marijuana. Even within the borders of a fully legal state, such as California, shipping or receiving marijuana is simply illegal because the feds say so.
What Are Perils and Ramifications of Mailing Marijuana in Ohio?
As you might imagine, many people decide to ship marijuana within or to Ohio despite the prohibition against it. Doing so, however, comes with a significant risk of various criminal penalties.
Federal Penalties for Mailing Marijuana
Federal penalties for mailing marijuana anywhere in the country, including within or to legal states, are harsh. Committing this act is considered drug trafficking, even if the amount of marijuana or THC product is minimal.
Currently, mailing less than 50 kilograms of marijuana can net you a prison sentence of up to five years and up to $250,000 in fines. So technically, even mailing a small marijuana cigarette can land you behind bars for years. Mailing more than 50 kilograms, which is well over 100 pounds, exposes you to a sentence of up to 40 years and fines of up to $500,000.
Keep in mind that these numbers apply to first-time offenders. Those who are caught mailing marijuana on multiple occasions will likely face harsher penalties. Also factoring into the penalty for mailing is the quantity of marijuana sent through the mail. Typically, the more marijuana, the higher the sentence.
Don’t forget that the prohibition on mailing marijuana applies to all forms of marijuana. You can be arrested, convicted, and imprisoned for sending a package of marijuana in the mail, as well as a brownie or a lollipop containing THC.
Specific Consequences in Ohio
Ohio has its own laws to deal with marijuana mail crimes. Generally speaking, these crimes result in possession charges that can result in a misdemeanor or a serious felony.
Local law enforcement and prosecutors can levy the following charges and seek their corresponding punishments for marijuana possession cases:
✓ A minor misdemeanor for 100 grams or less
✓ A fourth-degree misdemeanor for 100-200 grams
✓ A fifth-degree felony for 200-1,000 grams
✓ A third-degree felony for 1,000 to 5,000 grams
✓ A third-degree felony with presumptive incarceration for 5,000 to 20,000 grams
✓ A second-degree felony for 20,000 to 40,000 grams
✓ A second-degree felony that comes with a mandatory minimum of 8 years for more than 40,000 grams
The state can also bring trafficking charges if you are caught shipping and selling marijuana. With such high stakes, defendants are strongly urged to seek an experienced defense attorney as soon as possible after being arrested.
Consequences of International Marijuana Shipping
International marijuana shipping is prohibited at every level, and significant law enforcement efforts and resources are dedicated to intercepting marijuana in the mail.
Those who are arrested and charged with international marijuana shipping can face the most severe punishments, including imprisonment, fines, and administrative consequences.
People being investigated for trafficking should also expect to expend significant resources dealing with the various agencies involved. These agencies may include local, state, federal, and foreign law enforcement and customs agencies.
In some cases, a person shipping marijuana from the United States could find themselves facing charges in the United States as well as charges in a foreign country.
Defend Your Future: Call Our Dayton Criminal Defense Lawyers Today!
Seeking legal counsel for a drug charge in Dayton? Call our experienced Dayton drug charge attorneys today!
What Cannabis Products Can Be Mailed?
Marijuana is but one form of cannabis. Hemp, another type of cannabis, is legal throughout the United States as of the passing of the 2018 Farm Bill. Although within the same family, marijuana and hemp are different plants, legally speaking.
According to the federal government, marijuana is cannabis with over .03% THC, and hemp is cannabis with .03% or less. Since hemp is legal, it can be mailed throughout the United States.
This means that consumers can safely mail and receive all manner of cannabis products. As long as the percentage of THC in these products is .03% or lower, there should be no trouble if users legally buy marijuana through the mail.
What Are the Alternatives to Mailing Cannabis?
Mail would be a very convenient way to send and receive cannabis if it weren’t illegal. The conveniences, however, should not tempt anyone to risk their freedom. There are various alternatives to mailing marijuana that are more than satisfactory.
Remember that currently, in Ohio, there is no way to legally obtain retail marijuana until the Division of Cannabis Control starts processing applications in June of 2024. At an Ohio Senate Wednesday session, the Senate, led by Senate President Matt Huffman, proposed changes to Ohio’s marijuana law that would allow immediate sales of dispensary marijuana. However, this measure has not made it through the House.
In other states, marijuana delivery is a major part of the cannabis industry. Consumers can order marijuana through a dispensary online and have their products delivered without leaving the house. Of course, this only works if there is a dispensary serving your area. In many areas, there simply are no delivery services, in which case a consumer must go to a dispensary themselves.
If you are unable to go to a dispensary when they finally open, however, you may still have options, depending on your circumstances. For one, Ohio allows adults to cultivate up to six plants at home. A person could grow and harvest enough marijuana for more than a year with six plants.
However, many people are not in a position to cultivate their own marijuana, principally because of time or space constraints. Additionally, many simply do not want to grow their own marijuana, regardless of how much time they have.
For those who cannot or do not want to cultivate their own plants or make it to a dispensary, a final option would be obtaining marijuana as a gift. Ohio laws allow legitimate adult users to gift others up to 2.5 ounces of legal marijuana. A consumer could have a friend or acquaintance procure marijuana for them when they cannot do so themselves.
Marijuana Consumers and Sellers Do Well to Avoid the Mail
The tide of marijuana legalization has indeed changed in this country. With the DEA deciding to reschedule marijuana within the Controlled Substances Act and with dozens of states administering their own marijuana programs, marijuana could be legal federally before too long.
The feds sure are turning a blind eye, for the most part, toward most marijuana enforcement, allowing the states to take the lead. However, when it comes to mail, the feds are maintaining a strict line and are continuing to prosecute those who use mail and shipping services to sell and buy marijuana online.
If you have been arrested or charged with using the mail to ship marijuana, you deserve a robust defense from an experienced Dayton drug defense lawyer. At Gounaris Abboud, LPA, we vigorously defend our clients and fight to the end for a positive resolution of their cases.
