Learn more about the consequences of ordering marijuana in the mail. If you have been charged with a drug crime, contact SMT Legal ASAP. Is it illegal to send seeds in the mail? It’s a complex question. But don’t worry, we’ve got the answer for you. You can ship hemp and CBD with UPS, but not marijuana. Learn about the rules and regulations governing the shipping of hemp and CBD with UPS.
Marijuana in the Mail: What You Should Know Before Mail Ordering
Marijuana laws in a lot of states are loosening up lately, which may lead consumers to believe they can do more with the drugs than they used to. However, sending marijuana in the mail remains illegal under federal law; and, the United States Postal Service (USPS) can and will intercept your package which could cause you to be arrested. In fact, every single year, thousands of mailed packages of pot are intercepted. During the fiscal year 2018, Postal Inspectors seized 96,668 pounds of mailed narcotics and other drugs and obtained 1,624 related drug crime convictions. While illegal under federal law, mailing marijuana is also illegal under many state laws. Although it varies according to the facts of each case, a violator can be charged in federal court, state court, or both.
Factors that influence the severity of the charges and resulting punishment include the amount of pot that was mailed, the amounts mailed by others if you are charged with conspiracy, the offender’s criminal history, how you choose to plead, and whether you cooperate with the authorities and how valuable that cooperation is to them, among other factors.
You cannot even mail marijuana in a state where it is decriminalized or “legal.” While federal law prohibits mailing it between states, even mailing the drug from one location to another in a legal state can subject you to arrest and prosecution.
Federal Law Prohibits Mailing Marijuana
United States federal law prohibits mailing controlled substances, of which marijuana is one – and, both the shipper and the recipient can be punished. The potential federal laws you violate when engaging in this behavior can include but are not limited to:
- Marijuana trafficking
- Misuse of the mail
- Mailing of injurious articles
As the law currently stands, the base charge for shipping less than 50 kilos of marijuana through the United States Postal Service can lead to up to five years in prison and a maximum fine of $250,000. UPS and FedEx similarly prevent the shipping of materials that are prohibited by federal law. The biggest difference between the USPS and private couriers is that USPS has to obtain a warrant to search but FedEx and UPS (and others) do not – they can simply open your envelope, box, or other package as they wish. Since the federal government will indict these third-party carriers as co-conspirators in the distribution of controlled substances, they are likely to indict a shipper violating federal law. It doesn’t hurt that workers are offered up to $50,000 as a reward for finding and reporting those who ship marijuana.
Mailing hemp, however, may be a different story under the Farm Bills which federally legalized hemp products containing a THC content of less than 0.3% (this includes most, if not all, CBD products). However, hemp products can only be mailed by a licensed industrial hemp producer.
Pennsylvania State Laws on Marijuana
Cannabis remains illegal for recreational use in Pennsylvania, but possession of small amounts is decriminalized in several large cities. Pittsburgh City Council voted to decriminalize up to 30 grams in December 2015. The medicinal use of marijuana was legalized in 2016.
Pennsylvania law breaks down the offenses and penalties related to marijuana into four main categories:
: If you possess 30 grams or less of marijuana, it is charged as a misdemeanor and punishable by up to 30 days incarceration and a maximum fine of $500. If you possess more than 30g, while still a misdemeanor, you can be sentenced to up to one year of incarceration and a maximum fine of $5,000.
- Sale or Distribution: If you are alleged to have less than 30 grams for sale or distribution, the charge is a misdemeanor punishable by up to 30 days in prison and a maximum fine of $500. If the charge is for more than 30 grams, it is charged as a felony and punishable by two to five years of incarceration and up to $15,000 in fines. These penalties can be adjusted when the crime takes place near a school or recreational playground, when you involve a minor, and/or if you have a previous drug conviction.
- Cultivation: If you have any number of marijuana plants, you are charged with a felony punishable by two and a half to five years incarceration and up to $15,000 in fines. : The charge for the possession or sale of marijuana paraphernalia is a misdemeanor, punishable by six to 12 months incarceration and up to a $2,500 fine. When it involves a minor at least three years younger, the incarceration time increases to two years and the fines increase to $5,000.
Pittsburgh Drug Crimes Lawyers
Although half the United States has legalized weed, shipping marijuana through the postal system or via courier remains illegal. The increase in the number of states legalizing weed has caused the Drug Enforcement Agency (DEA) to keep a close eye on packages being shipped now more than ever before. If you have been charged with a state or federal drug crime in Pittsburgh, our criminal defense lawyers can help, so contact us today to learn more.
Is It Illegal to Send Seeds in the Mail (Answered)
Gifting seeds to a plant lover friend sounds like a great idea. But the real question is whether it can be mailed. What if it’s illegal to send seeds through the mail?
So, is it illegal to send seeds in the mail?
Sending seeds in the mail is not illegal if the seed itself isn’t illegal. However, sending seeds overseas requires phytosanitary certificates in most countries. There are also rules and regulations on how seeds are to be shipped. If they are followed only then you can mail seeds.
That was only the preview of the whole discussion. Read along to find the details about the whole topic.
Sending Seeds in Mail: Legal Or Illegal?
As we mentioned before, sending seeds by mail is not illegal. But the seed itself has to be legal.
For example, you can’t send cannabis seeds by mail in just any country. Regular seeds are allowed to be shipped but they must go through legal procedures.
Most of the countries allow seeds to be transported from different countries. But they require a phytosanitary certificate.
It’s is an official document that is given by a country’s agricultural department. It ensures the plants or plant seeds that are to be mailed are safe for shipping.
Why Sending Seeds in Mail Can Be Harmful?
Many people share this concern about why seeds can’t be sent by mail. There is scientific and logical reasoning behind this. Hopefully, this section will clear out your confusion about them.
1. Habitat Region
When we talk about plants we also see their habitat regions. Not all plants can be grown in different environments.
You might fancy an indigenous plant and wish to plant it in your backyard. But doing so might bring drastic change to your garden, even the whole area.
Plants have their own ecosystem. They are used to the native regions where they naturally grow. Due to modern technology, we can plant more species than before in different regions.
But that’s not applicable for all plants out there. Not all plants can grow in different environments.
2. Change in Ecosystem
A new plant’s presence can bring change to a lot of things. It can change the soil and affect other plants planted near it.
There can be diseases from the newly brought plant that may contaminate other plants around it. This may bring disaster to the existing ecosystem.
3. Pests and Insects
Plants attract pests and insects. It’s another reason why you shouldn’t mail just any seed to a different region. It can attract new types of insects and later cause an infestation in your area.
These are the factors why sending seeds have to go through legal processes. By inspecting how their existence can affect the environment, the decision is taken.
How to Send Seeds in Mail?
Now, you might still want to send seeds by mail. But as mentioned, sending seeds via mail has to be done by maintaining a proper order.
There are some guidelines for sending seeds by mail. The preparation for mailing dry seeds and wet seeds is different.
Here’s how to prepare them for mailing-
Put the seeds and it’s packaging in a zip-lock bag and seal it properly. The packaging material should be weatherproof.
That’s why we recommend you to use these products for packaging dry seeds-
Place everything in a mailing envelope. The envelope must contain the mailing label. Include your name, address, and contact info, and other required information.
Preparing wet seeds for mailing is more complex than preparing dry seeds. Wet seeds may develop themselves while it’s in the package.
So, its growth must be taken into account while preparing the package. Plus the packaging must be done in waterproof materials.
These are the waterproof packaging materials we suggest for the packaging-
The material must consist of waxed craft paper or tar-centered paper. If you’re looking for such papers, we suggest you use these products-
If they’re not available, use equivalent plastic wrap or liners. But make sure the plastic liner is safe for plants . The materials must not weaken with the moistures. Also, make sure that it protects the seed from injury or death.
Once the packaging is done put everything in a mailing envelope. Include names, mail addresses, and other required information about the sender and receiver. Now, you can mail them to their destination.
What to Do If You Receive Seeds in Mail
There are risks in putting a new seed in an inhabitant area. If you’re not sure about the aftermath, send it to the local agricultural institution.
They can check the facts for you. In the U.S. internationally sent seed packaging must go through such protocols.
Here’s what to do-
Don’t open the packaging, don’t plant any seed. Keep it the way you received it. Send it to your local agricultural office.
If the packaging is opened, place the seeds and packaging in a sealable bag. Seal the plastic bag properly and put it in a mailing envelope.
Send the packaging to your local agricultural office.
This way, you can be sure that the seeds will not harm your environment.
Frequently Asked Questions
Question: Can seeds be sent to Europe?
Answer: Seeds can be sent to Europe only if it has a Phytosanitary certificate. It takes a minimum of two weeks to obtain the certificate. The cost per shipment is a minimum of 125 euros.
Question: Can airport scanners detect seeds?
Answer: A small flat bag of seed goes undetected by an airport scanner. If there’s more than one packaging the scanner may detect them. Most of the countries allow seed transportation as long as they’re not illegal.
Question: How to pack a live plant for shipping?
Answer: Wrap the plant’s pot with bubble wraps to protect it from getting damaged. Add a collar of cardboard near the plant’s base to cover the soil. Now, put the base in a closed plastic bag and it’s ready for shipping.
Gotten your answer for- is it illegal to send seeds in the mail? Hopefully, we were able to assist you with our provided information. But always make sure to know about your local agricultural rules and regulations.
Shipping Hemp and CBD
The shipment of marijuana, as defined in 21 U.S.C. §802(16), is prohibited under any circumstances, even when marijuana is for medicinal purposes or is otherwise legal under a state’s law.
Raw hemp in plant form is accepted for transportation only for pre-approved shippers as a contractual service within in the U.S. network (U.S. import, export, and international shipments are not permitted at this time).
UPS accepts products made from hemp (including Cannabidiol – CBD) for shipment only as permitted by all applicable state and federal laws. It is the responsibility of the shipper to ensure compliance with all such laws, including the Food, Drug & Cosmetic Act, 21 U.S.C. §321, et seq.
CBD/hemp liquid products intended for vaporization are prohibited in the U.S. network (including import and export). Please refer to the Tobacco Vape Policy for more information.
UPS will not accept shipments containing hemp products from any location that sells marijuana or marijuana products.
UPS reserves the right to dispose of any shipment containing marijuana, hemp or hemp products tendered for shipment which shippers are prohibited from shipping, which UPS is not authorized to accept, which UPS states that it will not accept, or which UPS has a right to refuse.
UPS reserves the right to discontinue service to any shipper for, among other reasons, tendering a package containing marijuana, hemp or hemp products that does not comply with all applicable laws or the UPS Tariff/Terms and Conditions of Service.