Marijuana laws are in flux across the country at this time. If you live in Colorado, California, Massachusetts, or many other states, you may know that your state legislature has relaxed marijuana laws.
However, the federal government and many other states continue to enforce marijuana laws strictly.
As a result, you cannot lawfully ship marijuana, THC oil, or edibles through the mail.
Illegally shipping marijuana products through the mail can lead to severe punishments.
Talk to an experienced criminal defense lawyer who is a former prosecutor if you face charges for shipping marijuana.
Attorney Austin Lux is a knowledgeable, passionate, and skilled defense attorney who could help you achieve the best outcome for your shipping marijuana charges.
Sending Drugs Through the Mail Penalty
Under the federal drug guidelines, marijuana is a Schedule I drug. Therefore, shipping marijuana is a trafficking offense under federal law. Not only is shipping marijuana a federal crime, so is shipping THC oil and edible marijuana products.
The severity of your sending drugs through the mail penalty for shipping marijuana depends on the amount of marijuana authorities seize.
Shipping between 1 and 49 plants or less than 50 kilograms of a mixture carries a five-year federal prison sentence. The maximum penalty is 10 years for a person charged with a second federal offense.
The federal penalties increase as the amount of marijuana increases.
Federal sentencing guidelines indicate that shipping marijuana weighing between 50 to 99 plants or 50 to 99 kilograms of a mixture carries a 20-year prison sentence.
If the feds charge you with having 100 to 999 plants or 100 to 999 kilograms of a marijuana mixture, then you face a maximum sentence of 40 years in prison with a five-year minimum mandatory term.
Finally, 1,000 or more plants or 1,000 or more kilograms carry a potential life sentence with 10 years minimum mandatory federal prison sentence.
How Do Federal Authorities Discover Unlawful Shipping of Marijuana?
Federal and state authorities learn of marijuana shipments in many ways. Investigators track shipments from suspicious senders or locations.
Sometimes investigators get tips from informants about a shipment coming in. Drug officers commonly use drug-sniffing dogs to discover contraband in the mail as well.
Investigators will not always seize a suspicious package as soon as they detect one. Instead, they will track the package to its destination.
After police track the suspicious package to the delivery location, they will continue their investigation and try to determine who received the package.
Police have a couple of options at this point. The first option is to apply for a search warrant and obtain the authority to search for the suspect package. As part of the search warrant execution, investigators will try to identify the person who received the package initially. They will also try to figure out who else lives at the target location.
What Should You Do If Police GO to Your Home to Search for a Package?
Drug investigators will pursue all people who may be involved in shipping marijuana. Federal drug investigators have a reputation for pressuring people to talk to them.
Of course, you never have to speak to the police.
You can invoke your right to remain silent and not answer any questions. Police and prosecutors cannot use your silence against you.
You should call an experienced and dedicated drug crimes defense attorney right away if the police go to your home with a search warrant.
You cannot stop the police from searching your home if they present a search warrant to you.
However, having a lawyer like Austin Lux on your side when the police come knocking on your door could help you avoid forfeiting your rights and hurting potential defenses.
Colorado State Laws Prohibit Delivery of Marijuana, THC Oil, and Edibles Without a License
Even though Colorado relaxed its marijuana laws, the industry remains highly regulated.
While possession of small amounts of marijuana for personal use is legal, distribution remains illegal. Therefore, you could face criminal charges in a Colorado state court instead of a federal court for distributing marijuana.
Distributing more than two ounces of marijuana is a felony. The potential penalties you face depends on the total weight of the drugs distributed.
You Are Not Automatically Guilty if You Receive a Package in the Mail Containing Marijuana
You might think that you are automatically guilty if drug investigators allege you sent or received a package of marijuana through the mail. That is not true. A skilled drug defense lawyer will work with you to create a defense strategy that gives you the best chance to achieve a favorable outcome.
The government has to prove that you knowingly received or sent marijuana beyond a reasonable doubt. If you did not know what you sent or received then you could have a viable defense.
Additionally, you could challenge the lawfulness of the investigators’ actions by contesting the search warrant. A successful challenge to the search warrant could win the case for you entirely.
Call an Experienced Colorado Drug Crime Lawyer Immediately
Do not hesitate to call an experienced, savvy, and dedicated Colorado Springs drug defense lawyer right away if you have been arrested or are under suspicion of shipping marijuana.
As a former state prosecutor, Austin Lux is uniquely qualified to give you the best chance of having a successful outcome. Time is always of the essence. Call Attorney Lux now at 719-368-7698 before it’s too late.