Shipping Cannabis Products Legally

Can you mail cannabis products legally?

The United States Postal Service, an esteemed institution that has served the American people for nearly 250 years, is recognized by its timeless navy blue uniforms and eagle logo on its trucks. While the USPS has a long history of delivering packages, many Americans still lack a complete understanding of the organization's mailing laws, particularly when it comes to mailing or shipping cannabis products like weed or edibles.

To put it simply, mailing cannabis or any cannabis-related products is illegal under federal law. Postal inspectors, who play a vital role in the nation's War on Drugs, including cannabis, work to identify and prosecute major drug mailers and intercept illegal drug proceeds sent through the mail. As a government agency, the USPS is subject to federal law, and any illegal use of their services is considered a felony. Moreover, marijuana is classified as a Schedule I drug, which further enhances the penalties associated with its possession or distribution.

The risks and penalties for mailing cannabis are severe. Possession of cannabis weighing less than 50 grams can lead to up to five years of imprisonment in a federal penitentiary, and the penalties increase with larger quantities. It's important to note that even if you are only the recipient of a package containing cannabis and did not mail it yourself, your knowledge and participation in the shipping process can make you equally responsible for the crime. Once a package is seized, the person involved can face prosecution in both the state where it was mailed and the state where it was delivered, depending on the discretion of the prosecutor.

When it comes to mailing hemp and delta-8 products, there are some variations in the laws. The federal legalization of hemp and hemp-derived products with less than 0.3% THC was established with the passing of the 2018 Farm Bill. The USPS and private mailers like FedEx and UPS can legally ship hemp products within the United States, with some exceptions and depending on the sender's and delivery state's laws.

The legal status of delta-8 THC, a hemp-derived cannabinoid with intoxicating effects distinct from delta-9 THC, currently exists in a gray area. While the Drug Enforcement Administration (DEA) has not officially scheduled delta-8 THC, some states have passed laws prohibiting its shipping and sale. So, if you live in a state that allows it, you can ship delta-8 products (except vapes) through the USPS.

When considering private couriers like UPS or FedEx, it's important to note that they reserve the right to open and inspect any package at their discretion. Shipping any form of marijuana remains illegal and unacceptable according to their terms of service. Although the USPS has more stringent Fourth Amendment protection and requires a search warrant based on probable cause to inspect mail and parcels, the agency still faces limitations due to resource constraints and increasing pressure to downsize.

While the USPS does actively pursue the prevention of drug trafficking through the mail, it is challenging for them to catch every wrongdoer due to the sheer volume of packages they handle. However, third-party couriers have the responsibility to report illicit packages to authorities, who can acquire warrants and open investigations.

In conclusion, mailing cannabis through the USPS or private couriers is illegal and carries significant risks. While the USPS provides more Fourth Amendment protection, it is essential to remember that suspicion alone can lead to parcels being singled out and tracked. The USPS actively encourages the public to assist in identifying packages containing drugs, offering rewards for information leading to the arrest and indictment of drug traffickers.

Terms and Conditions by Available Carriers

FedEx

FedEx's terms and conditions explicitly forbid the shipment of cannabis flower, THC products, hemp plants, oil, and seeds. However, they now allow the shipping of CBD products that comply with regulations. It is worth noting that in 2014, the US Department of Justice accused FedEx of conspiring to distribute controlled substances due to its alleged involvement in transporting illegal prescription drugs. Although this case does not directly involve marijuana, it suggests that FedEx and other private couriers will likely intensify their scrutiny of packages to detect any illegal substances.

UPS

Similar to FedEx, UPS also has strict guidelines that prohibit the shipment of any cannabis products. However, they do permit the shipping of raw hemp plants and CBD products that adhere to state and federal regulations, with the exception of vapes. These items can be shipped within the country, provided they originate from companies that do not engage in the production or handling of marijuana or THC products.

DHL

DHL is willing to accept packages containing hemp plants and derived products that have a THC content below 0.3%, but this service is limited to domestic shipments within the United States. Although DHL states that they inspect all of their packages, it's important to note that they, along with other courier services, are not obligated to x-ray every shipment.