Is It Legal to Send Cannabis in the Mail in California?

In 1996, when the voters passed the Compassionate Use Act, California became the first state to legalize marijuana for medical use. As many states continue to follow in the footsteps of The Golden State, the growing acceptance of this drug has led to many questions being raised.

Can someone mail weed within California? Is it possible to ship cannabis to other states? It's essential to know the state and federal laws regarding mailing marijuana to avoid legal trouble. Failure to adhere to the rules and regulations may lead to punishments, including jail time and hefty fines.

At Goss Law, our drug crime lawyers in Sacramento understand how complex the laws surrounding mailing marijuana are, which is why we work with clients facing illegal arrests and serious legal consequences to help them avoid a prison sentence or have their charges reduced.

If you're facing a drug-related offense in Sacramento, California, contact us to discuss your case and have your rights protected! We can also assist with questions like Can you take edibles through TSA in California?

Understanding the State and Federal Laws

Whether or not an individual can mail weed legally in and outside California depends on state and federal law. Identifying the right jurisdiction and the legislation that takes precedence can help residents avoid legal troubles. Also providing insight on questions like How much cannabis can you buy per day in California?

What Does the Federal Law Say About Cannabis Delivery Services?

Even though cannabis is legal in California and many other states, it is still a banned controlled substance under federal law. Due to the complex status of recreational and medical marijuana in the United States, there may be serious repercussions for mailing pot outside of The Golden State.

Under the federal Controlled Substances Act (CSA), marijuana is classified as a Schedule I controlled substance, which means that the drug is highly addictive with a serious potential for abuse and offers very little to no medical benefits.

Federal law takes precedence when it comes to the country's mail delivery services, such as the United States Postal Service, which can lead to serious ramifications for the sender.

What Does the State Law Say About Cannabis Delivery Services?

While the federal government may have banned the use and shipment of illegal drugs, including marijuana, states have implemented their own rules regarding the legality of cannabis.

In California, approved dispensaries have been mailing weed to the residents since its legalization. The law also allows businesses to operate delivery-only cannabis services as long as the company has the right licenses.

Mailing weed outside of California can lead to trouble. Even in states where the medicinal and recreational use of marijuana is legal, the country's delivery companies may follow federal jurisdiction instead of state laws.

Is It Legal to Send Cannabis in the Mail in California?

Mailing marijuana within California is legal as long as the dispensary uses its own delivery services instead of companies that follow federal law. In addition to that, it must have the right licenses to provide home deliveries.

That said, it's important to note that the delivery of marijuana by residents is still illegal. Even if the shipment is within California, a state where it is legal to consume weed for medical and recreational use, anyone other than an approved dispensary or cannabis delivery services cannot mail pot.

Is It Possible to Send Cannabis in the Mail in California?

While it's possible to mail illegal substances inside and outside of California, and many people do it, that doesn't mean that it's legal. The act could lead to serious consequences, including jail time and hefty fines if caught.

United States Postal Service (USPS)

Sending legalized cannabis through the United States Postal Service (USPS) can be risky. Since the company follows federal law, there is a high chance that it may intercept the package and pursue criminal action against the sender.

However, the USPS and any other delivery service under federal jurisdiction need a warrant based on probable cause to check first-class shipments. This can make it somewhat difficult for federal law enforcement officers to take action against the sender.

Due to the need for a search warrant, mailing marijuana through USPS may seem like the safest option. While it may be an acceptable risk for many, sending federally illegal substances like cannabis through the USPS can lead to severe punishments, including a year in federal prison and up to $250,000 in fines.

Third-party Delivery Services

There are many other delivery companies in California that are not federal agencies. While using such services may seem like a risk-free option, it's important to note that since these are third-party businesses, they do not require a search warrant to open and inspect packages.

Another thing that could be a serious concern is the willingness of these delivery companies to cooperate with federal agencies in cracking down on illegal drug trafficking.

After a couple of out-of-court settlements, including the $40 million paid by UPS to settle a federal probe in 2013, logistics businesses have increased their due diligence to monitor packages for illegal drugs to avoid such cases.

Due to increased scrutiny by third-party delivery companies, Californians must refrain from taking such risks.  

What Are the Consequences of Mailing Federally Illegal Substances Like Marijuana in California?

There are several legal risks of mailing weed in and outside of California, some of which include the following:

• Mailing marijuana is a federal offense, and depending on the state, the sender may have to face criminal charges under both federal and state law.

• It could also lead to interstate trafficking, which can increase the severity of the charges.

• Federal agencies may offer cash prizes to USPS and private company employees who provide information on the sender and receiver of the package. This could be enough to make an arrest, leading to a conviction.

The delivery of illegal controlled substances is a felony, and it could result in up to five years of imprisonment or more, depending on the facts surrounding the criminal case.

Need Help with Your Drug-related Charges? Goss Law Has You Covered!

If you're facing drug-related charges for shipping cannabis in Sacramento, California, call us to schedule a free consultation with our experienced criminal defense attorneys. We will take all the necessary steps to clear your criminal record as much as possible!