
Medical cannabis is legal in38 states, and recreational cannabis is legal in24 states. While 2024 was the first year that no new states legalized weed since 2017, there are sure to be more to follow in the future.
One question that people have in weed-legal states is whether or not it is okay to mail weed. Here, we look at whether mailing weed is allowed, what the risks are, and alternatives to consider before sending marijuana by mail.
Legal Status of Cannabis in the U.S.
State vs. Federal Law
The Controlled Substances Act classifies cannabis as a Schedule 1 controlled substance. This classification means that, according to federal law, cannabis has no medical benefits, can't be transported between states, and cannabis growing operations can be targeted by law enforcement.
However, 38 states have moved to make medical marijuana legal, and 24 states now allow cannabis consumption recreationally, too. In medical-only states, people can consume cannabis if they have a doctor's recommendation and a medical card.
Most states where recreational cannabis is legal allow people over 21 to purchase cannabis with some restrictions around quantity, where it can be consumed, and driving under the influence.
Recent Changes and Developments
The 2018 Farm Bill made it federally legal to buy and sell hemp and naturally occurring derivatives, as long as they contain under 0.3% Delta-9 THC. This bill opened the door in the cannabis industry for synthesization of other cannabinoids that may have therapeutic benefits for people using them. Unfortunately, it’s still a legal gray area, and different states have cracked down on certain cannabis products.
The ambiguity of cannabis’ legal status continues to negatively affect its wider adoption. However, the U.S. Department of Justice is moving to reschedule cannabis from a Schedule 1 controlled substance to a Schedule 3 controlled substance, which could lead to fewer regulatory restrictions.
Additionally, the SAFE Banking Act has passed the House of Representatives many times but not yet the Senate. This act aims to protect financial institutions that offer financial support to state-sanctioned cannabis businesses.
USPS and Cannabis
The United States Postal Service (USPS) does not permit the mailing of controlled substances like cannabis.
According to USPS shipping restrictions, “Marijuana (medical or otherwise); hemp/CBD is allowed, but restricted. If you comply with all applicable laws, you can send certain hemp-based products domestically (within the U.S. and to U.S. territories).”
While a package may slip through and reach its desired destination, there are risks associated with sending cannabis in the mail. In addition to confiscation and fines, senders can be charged with possession or drug trafficking. These criminal charges carry sentences from five years to life imprisonment and hefty fines of as much as $250,000.
There have been several instances of individuals getting caught mailing cannabis through USPS, like a man who received 24 months for mailing weed to Western Pennsylvania, another who received five years for sending cannabis to Nebraska, and most recently, a man who worked as a carrier for USPS was to three years forsending Marijuana through the mail in South Carolina.
Other Shipping Services (UPS, FedEx, etc.)
The USPS isn't the only mailing service available in the U.S. There are also a number of major private couriers. Here are the most popular services and their policies regarding shipping cannabis.
FedEx
FedEx does not permit customers to ship cannabis, THC, or marijuana-derived CBD, even if it's legal in the origin or destination state. CBD products are allowed if they contain hemp-derived CBD with a THC concentration of 0.3% or less and comply with all federal, state, and local laws, rules, regulations, and orders.
UPS
UPS doesn't allow customers to ship marijuana, even if it is medical or shipped from a state where recreational cannabis is legal. CBD products can be shipped if they are legal. UPS reserves the right to dispose of any shipment containing marijuana, hemp, or hemp products.
DHL
DHL does not allow hemp products that contain more than 0.3% THC. CBD products are permitted if they comply with local laws defined by the Farm Bill.
FedEx, UPS, and DHL all comply with federal laws, and shipping through the USPS has the same consequences.
Why Can't You Mail Weed?
While cannabis is now legal in some states, it remains illegal to transport it between any state (even two legal ones). When you cross a border, theInterstate Commerce Clause precedes individual state laws, which means federal law takes over and prohibits the transport of cannabis across state lines.
Federal laws still prohibit cannabis due to concerns surrounding black market activity, diversion of legal cannabis, and the fact that so many different states have differing rules around cannabis.
Additionally, there are safety and security risks related to sending cannabis packages. If you don’t buy your cannabis from a dispensary, you don’t know what may have happened in transit.
Alternatives to Mailing Weed
Sending or receiving cannabis in the mail is both ill-advised and illegal. However, if you live in a legal state and don’t want to go to a dispensary, you can utilize one of manycannabis delivery services made available by both physical and online dispensaries. If you’re wondering who to trust, check out your state’s cannabis regulatory website and be sure to read reviews first.
What Happens If You Get Caught Mailing Weed?
The legal consequences of mailing weed can be as serious as a lengthy prison sentence for drug trafficking, distribution, and possession. Due to these crimes being punishable by federal law, you can expect higher sentences and fines.
If your package is flagged as suspicious, the USPS or private courier may contact law enforcement, which will follow up with an investigation. After that, you may be fined or charged under the Controlled Substances Act.
The Future of Cannabis Shipping
The main issues with mailing weed stem from cannabis being illegal at the federal level. If the government decides to legalize cannabis at the federal level, shipping may become an option domestically.
In the future, cannabis commerce across state lines could become an option, which is why several legal states are already putting laws in place in case the DOJ approves movement at a federal level.
Conclusion
Mailing cannabis is not permitted via USPS or most other couriers. The legal consequences of mailing weed can be as serious as a lengthy prison sentence for drug trafficking, distribution, and possession.
It is essential to understand both the state and federal consequences of mailing marijuana. If you live in a legal state and don’t want to go to a dispensary, you can utilize a cannabis delivery service instead. Remember, always travel with cannabis in compliance with state laws.
FAQs
Can I mail weed to a state where it's legal?
Mailing weed is not permitted in any state, even if cannabis is legal in the state.
What happens if I accidentally mail weed?
If you accidentally mail weed, it is best not to take any action or follow up on the package if it does not reach its destination.
Are there any exceptions for medical marijuana shipments?
No, there are no federal exceptions for mailing medical marijuana.
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