Answered: Can you Mail Marijuana? Here’s What the Law Says
One of the most efficient and common ways to send goods across the United States is through the mail. If you’re reading this post, you’re wondering whether it’s legal to ship marijuana and similar products in the mail.
Even though recreational marijuana is legal in numerous states across the country, there are still restrictions on shipping weed.
We’ll explain the restrictions below.
Can I mail marijuana?
In short, the answer is no. Even though cannabis has been legalized and decriminalized in many states and even some countries, you can’t send weed in the U.S. mail. Doing so is considered drug trafficking and a federal crime.
According to the Controlled Substances Act, cannabis is a Schedule I substance under federal law, which puts it in the same vein as illegal substances like heroin and fentanyl.
The United States Postal Service takes a strong stance against shipping marijuana because they are a federal agency operated by the federal government.
USPS reports it’s illegal to mail weed under any conditions, even if cannabis is legal in the sending and receiving states. The U.S. Postal Service also does not accept shipments of hemp from dispensaries that also sell marijuana.
UPS and FedEx are also firm on their stance against marijuana. Although comfortable with CBD and hemp with a THC quantity under 0.3%, they will not allow you to send weed.
Shipping CBD is different from THC products. CBD (cannabidiol) is derived from the same cannabis plant but does not contain THC – the psychoactive property in cannabis.
Still, to ship CBD, the product must come from a hemp plant, not a marijuana plant. It’s legal to ship hemp-derived CBD products as long as there is less than 0.3% THC in the amount of marijuana.
Still, there are a few additional factors to consider when mailing CBD:
State marijuana laws: There are always exceptions to the rule when mailing CBD – every legal state has varying laws. Check your local government website to find out the state laws before sending anything cannabis-related in the mail.
Federal marijuana laws: There are also differences in laws if you ship CBD to another country. Every country varies on the amount of THC legally permitted within a CBD package, so check their websites to make sure you’re shipping legally before you send it out.
Carrier regulations: UPS won’t ship a product if it’s made in the same facility as marijuana products, FedEx only allows CBD derived from hemp plants, and the USPS requires various regulations from the facility for it to be legal to ship CBD. Check with your carrier before putting anything in the mail.
Hemp is another story. In 2018, the passing of the Farm Bill legalized hemp and hemp-derived products, which are defined as products with a THC content of less than 0.3%.
Hemp products can be mailed legally within the United States by the USPS as well as private mailers like FedEx and UPS, though there are some exceptions, such as vaporizers. The legality also depends on where the sender or delivery state lies and the laws tied to that area.
Mailing Delta 8 products
Recently, it became legal to mail Delta 8 THC products like edibles, tinctures, and flower if you live in an area where it’s legally authorized – thanks again to the passage of the Farm Bill.
Still, some states have Delta 8 restrictions, while others don’t. If Delta 8 is illegal in your state, you may be able to still ship or receive hemp-derived Delta 9 cannabis products. Hemp with 0.3% or less of Delta 9 by weight is both federally legal and authorized in all 50 states.
Before you send Delta 8 through the post office, check with your state to see if it’s legal. Don’t send anything in the mail if your state prohibits it.
What happens if you’re caught mailing marijuana?
Getting caught sending or receiving marijuana, which is still an illegal drug, in the mail is serious. You can face federal felony drug trafficking charges which can mean years in prison and heavy fines.
In the case of law enforcement, postal inspectors, or the DEA getting ahold of a package containing marijuana, both the shipper and recipient will face penalties. If the package recipient was aware the package contained illicit substances, then they are considered just as guilty as the person who mailed it.
For example, in 2016, two men faced charges for sending marijuana through the mail in Wisconsin. The mail delivery person was tipped off due to the smell of weed coming from the box. They were both arrested.
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