Is it Legal to Mail Marijuana?
Can I mail marijuana through the postal service?
Of course not – for starters, marijuana is still illegal in SC and you can be charged with several crimes including trafficking marijuana or distribution of marijuana under SC state law.
But what if you live in a marijuana legal state? What if you want to mail marijuana from California to Colorado? It’s legal in both states, why wouldn’t it be legal to send some in the mail from a legal state to another legal state?
If you have been charged with any drug offense in the Charleston, SC area, including charges for attempting to mail marijuana or receiving marijuana in the mail, call now at (843) 808-2100 or schedule a consultation through our website to talk to a Charleston, SC marijuana defense lawyer today.
Is it Legal to Mail Marijuana?
You cannot legally mail marijuana in the United States. If you do, you could be charged with crimes under state and federal law. But, do they really arrest people for mailing marijuana?
Yes, they do – two recent examples show that local police and federal authorities really do arrest people for putting marijuana in the mail…
Four Postal Workers Charged with Smuggling Marijuana in North Charleston
Last week, four postal workers in North Charleston were arrested and charged with possession with intent to distribute marijuana after they were discovered opening inbound packages and removing marijuana and edibles before re-sealing the packages and returning them to the mail.
Two of the workers are accused of opening a five-gallon bucket that contained 50 THC marijuana edibles:
Earlier this month, detectives reported observing [two of the defendants] opening parcels off the mailing inbound belt and retrieving marijuana from inside the parcels.
According to authorities, [one defendant] opened a Home Depot box that contained a five gallon bucket wrapped in gift wrapping paper.
The sheriff’s office said [he] was seen opening and tearing the gift wrapping paper up and opening the five gallon bucket. A report states that when detectives made contact… they found 50 THC marijuana edibles inside the five gallon bucket.
The workers were also accused of removing “bundles of marijuana” from the mail sort, removing the weed from the bundles, and then returning the bundles to the mail to be delivered:
[Another worker’s] charges stems from allegations that he took a black bag containing three bundles of marijuana wrapped in green cellophane and hid it in the women’s locker room. Investigators said once contact was made…, the suspect willfully showed them which locker she placed the marijuana in.
[The fourth worker] was arrested after investigators reported observing the suspect place an inbound box to the side, and once he looked and saw no one was around, passing it to a co-defendant to open.
A report states the co-defendant opened the parcel and removed three bundles wrapped in green cellophane containing marijuana.
Authorities say the co-defendant then gave the empty parcel back to… to tape up and put back in the mailing sort.
Five People Charged with Trafficking Marijuana Through the Mail in Sumter
In another recent arrest for mailing marijuana, five people in Sumter, SC were charged with trafficking marijuana:
Five people have been arrested and charged in connection to a drug trafficking ring after a months-long investigation by the Sumter Police Department showed them allegedly bringing at least 500 pounds of marijuana into Sumter, SC from California.
According to police, “the investigation continues and more arrests are expected.”
Can I Mail Marijuana from a Weed-Legal State to Another Weed-Legal State?
Even if it is legal to possess marijuana in the state where you live, and it legal to possess marijuana in the state to which you are mailing the marijuana, it is not legal under federal law. You can still be arrested and charged with federal crimes for attempting to mail marijuana to and from weed-legal states.
What are the Penalties if I Mail Marijuana?
It is a violation of both federal law and SC state law to mail marijuana in SC, and cases are often investigated by both federal authorities and local police. What can you be charged with if you mail marijuana in SC?
State Law Offenses for Mailing Marijuana
Under state law, you are most likely to be charged with drug crimes based on possession or conspiracy, which could include:
- Trafficking marijuana;
- Possession of marijuana;
- Possession of marijuana with intent to distribute; or
If you are charged under SC state law, the penalties could range from 30 days for simple possession of marijuana first offense up to 30 years in prison for the highest level of trafficking marijuana.
Federal Offenses for Mailing Marijuana
If you are charged in federal court for attempting to mail marijuana, the charges may include:
- Trafficking in marijuana;
- Conspiracy to traffic marijuana;
- Misuse of the mail; or
- Mailing of “injurious articles.”
The penalties, if you are charged in federal court, will depend on the total weight of drugs that were mailed as well as any enhancements that apply under the federal sentencing guidelines.
Marijuana Defense Lawyers in Charleston, SC
Grant B. Smaldone is a criminal defense trial lawyer in Charleston, SC who accepts all types of drug cases in the Eastern SC area.
If you have been charged with mailing marijuana or any drug offense in Charleston, SC or the surrounding area, call now at (843) 808-2100 or schedule a consultation through our website to talk to a Charleston, SC marijuana defense lawyer today.