NATIONALLY RECOGNIZED FEDERAL LAWYERS
Avoiding Criminal Liability in Mailing Controlled Substances
|Last Updated on: 24th September 2023, 10:15 pm
Avoiding Criminal Liability in Mailing Controlled Substances
Mailing controlled substances like prescription drugs or marijuana can lead to criminal charges. But there are ways to try to avoid liability if you need to mail these items legally. This article explains the laws and suggests defenses so you can stay out of trouble.
The Controlled Substances Act
The main law regulating mailing drugs is the Controlled Substances Act. It categorizes drugs into schedules based on their potential for abuse. The higher the schedule, the stricter the regulations.
Mailing Schedule I and II drugs like heroin or cocaine is totally illegal, except for research purposes. But other schedules have some exceptions. For example, mailing prescription Schedule III-V drugs is allowed if you have a valid prescription. And mailing marijuana is allowed between states where it’s legalized.
Prohibited Mailing of Controlled Substances
Mailing controlled substances is prohibited if:
- The drug is not prescribed to the recipient
- The prescription is fake or expired
- You’re mailing it across state lines where it’s illegal
Penalties can include fines up to $250,000 and prison up to 20 years. The amount depends on the drug amount and schedule. Higher schedules and weights mean higher penalties.
Defenses Against Criminal Charges
If you’re accused of illegally mailing drugs, possible defenses include:
Lack of Knowledge
Prosecutors must prove you knowingly or intentionally mailed illegal drugs. If you can show you didn’t know the package contained drugs, you may avoid conviction. For example, if someone secretly puts drugs in a package without your knowledge.
Valid Prescription
It’s legal to mail your own prescription drugs. Make sure the prescription is current and issued to the recipient. Out-of-date or fake prescriptions won’t work as a defense.
Entrapment
If police coerce or improperly encourage you to commit a crime you otherwise wouldn’t, you may claim entrapment. This applies mainly to undercover sting operations.
Medical Necessity
If you mailed drugs to treat someone’s serious medical condition, you can argue medical necessity. This rarely succeeds but may apply in life-or-death scenarios.
Safely Mailing Controlled Substances
To legally mail prescription or other controlled drugs:
- Use USPS, FedEx, UPS, or other common carriers
- Make sure the recipient’s name is on the package
- Include prescription paperwork inside
- Don’t mail to states where it’s illegal
- Mail only personal amounts, not large quantities
It’s also wise to:
- Avoid writing “prescription enclosed” on the box
- Use discreet packaging without your return address
- Insure valuable packages in case they’re lost
What About Mailing Marijuana?
Mailing recreational marijuana is illegal nationally under federal law. But medical marijuana can be mailed domestically following state laws. For example, between two states where medical use is legalized. But there’s still some legal risk without clear federal laws.
Using Common Carriers to Mail Drugs
Private shipping companies like USPS, FedEx, and UPS can legally mail prescription drugs. But they may have policies against mailing:
- Controlled substances
- Drugs without a prescription
- Marijuana
So read their policies carefully first. If they discover drugs, they may report you to police.
Avoiding Drug Paraphernalia Charges
Mailing items like bongs or pipes can also lead to drug paraphernalia charges. To avoid liability:
- Make sure paraphernalia is completely clean
- Only mail to and from states where it’s legal
- Don’t mail to states where possession is illegal
Using the Postal Service to Mail Drugs
Mailing drugs through USPS can be illegal under the Mail Order Drug Paraphernalia Control Act. Penalties include:
- Up to 3 years in prison
- Fines up to $250,000
- Forfeiture of assets related to the crime
But USPS needs a warrant to open packages unless they already have reason for suspicion. So illicit contents aren’t discovered as often as with private carriers.
Avoiding Related Charges
Other charges may apply if controlled substances are involved:
- Drug trafficking – For mailing large quantities or intending to distribute or sell
- Drug paraphernalia – For mailing bongs, pipes, or other tools
- Money laundering – For profiting from drug crimes
To avoid these:
- Only mail personal use amounts
- Never mail drugs across borders or internationally
- Don’t mail cash or financial proceeds from drug sales
Getting Legal Advice About Mailing Drugs
The laws around mailing controlled substances are complex. If you need to mail drugs legally, consult a criminal defense lawyer first. They can advise you on the laws and defenses in your state.
An experienced attorney may also be able to negotiate with prosecutors for reduced charges or probation if you’re caught mailing drugs illegally.
Should You Mail Drugs to Yourself?
Mailing drugs to yourself can seem safer than carrying them when traveling. But it still carries legal risks, especially for certain drugs like:
- Cocaine
- Heroin
- Methamphetamine
- Oxycodone
- Hydrocodone
You may face federal charges for trafficking or distribution. It’s smarter to carefully transport medications in your luggage when traveling.
Mailing CBD and Hemp Products
CBD from hemp is legal nationally but still considered risky to mail. USPS and private carriers may flag it as marijuana, especially if it smells or leaks. Consider safer options like:
- Driving it to the recipient
- Using discreet packaging
- Buying it locally instead of mailing
Conclusion
Mailing controlled substances can lead to criminal charges if done improperly. But there are legal ways to mail many prescription and recreational drugs. Protect yourself by understanding the laws, using common sense mailing practices, and consulting a lawyer if needed.