Updated: Feb 1
It is legal to ship cannabis and edibles with proper licensing through the DEA and is limited to manufacturers, distributors, researchers, analytic labs, importers, and exporters. Chapter 13 Title 21 U.S.C. 822 explains the licensing registration process with the Attorney General. However, the Attorney General may waive registration for certain manufacturers, distributors, or dispensers if it is consistent with public health and safety.
Can I get in Trouble for Shipping Edibles?
Without the proper licensure shipping cannabis in any form, whether cannabis oil, cannabis edibles, or cannabis flower in the mail is a federal offense. For a person who does not have a criminal history getting caught shipping less than 110 pounds/50 kilograms will face up to 5 years of prison time and a fine of up to $250,000. A person caught shipping the same amount of cannabis with a criminal history faces up to 10 years in prison and a fine of up to $500,000. The judge may also impose 2 years of probation in addition to imprisonment.
Is it Safer to Ship Cannabis and Edibles through USPS, UPS, DHL, or FedEX?
It is not safer to ship through any of the shipping services whether privately or publicly owned. If a package is caught by USPS, UPS, DHL, or FedEx the package will most likely be given to an investigator because they are then knowingly or intentionally distributing a controlled substance.
What is the Statute of Limitations of Drug Distribution?
If the package has made it to the delivery address without any issues, then most likely there hasn't been an investigation set in motion. An investigation will most likely take place on larger and more frequent mailing operations. Smaller operations are usually only targeted when there has been someone snitching.
The statute of limitations for cannabis distribution is 5 years. Different drugs and circumstances involving death or minors the limitation period may be longer than 5 years. The laws are different for each circumstance and will need to be reviewed by the specific details.
Is it a Crime to Receive Cannabis in the Mail?
Yes, it is a crime to knowingly receive a package containing cannabis or cannabis edibles, especially if it is traced to someone you know or if you shipped them to yourself. It is possible that the package has made it through the mail system without being detected, but it is also a very real possibility that the package was detected and there is an ongoing investigation and the package is being watched under surveillance. This is unlikely if it is a small amount of cannabis.
Until cannabis has been legalized on the federal level and across all 50 states, it is an incredibly bad idea to ship or receive cannabis or cannabis edibles. Until all 50 states and the federal government have set up their taxation rules, cannabis will remain illegal to ship.