It can be challenging to determine what is illegal or not in some states, given the current condition of marijuana legislation. As a result, the legalities of shipping cannabis or cannabis-derived products are also confusing for many people.
There are numerous aspects to take into account, and they are crucial to know, especially for medical patients who depend on cannabis to treat their illnesses, struggle to find a dispensary nearby, or need to get rid of cannabis after visiting a state where cannabis is legal.
So, let’s learn what’s true and what’s not!
Mailing Weed under Federal Law
Even though marijuana or other cannabis products are now legal in the majority of US states, it is still strictly prohibited on the federal level. Additionally, because the USPS is a federal entity, sending cannabis through US mail is prohibited and the USPS can and will intercept your package, which may result in your arrest.
As a matter of fact, hundreds of marijuana-related mail shipments are seized every year. An offender may face charges in either state court, federal court, or both, albeit this depends on the specifics of each case.
Mailing Edibles, Hemp, and Cannabis-derived Products
The 2018 Farm Bill legalized hemp and hemp-derived products containing less than 0.3% THC. So, these products and CBD can be lawfully shipped within the United States by the USPS as well as by private mailers like FedEx and UPS.
Note that any cannabis-derived edible, cartridge, concentrate, or topical can be confiscated and even used as evidence of a drug-trafficking offense if it contains any THC above 0.3%. Although CBD and delta-8 edibles and concentrates that adhere to federal and state laws are permitted, CBD and delta-8 vapes are prohibited.
So, the legality depends on the regulations of the sender or delivery state that ban these products. Moreover, it is up to the shipper to ensure compliance, therefore it is best to do your research on the current Food, Drug, and Cosmetics Act.
Risks When Mailing Weed or Edibles
Cannabis is still classified as a Schedule I drug under the Controlled Substances Act, which, according to the US government, means it has a high potential for misuse and is not recognized as a form of medicine.
You could face charges under federal law, under state law where the weed came from, or the law of the state where it was shipped. Depending on the amount of marijuana, charges for interstate trafficking may worsen.
Here, you can take a look at the DEA’s annual statistics on the quantity of cannabis seized.
The USPS said that in 2019, it will ship and deliver hemp products however you need a license from the state’s Department of Agriculture if you wish to send hemp and CBD products.
All applicable federal, state, and local regulations – including the Agricultural Improvement Act of 2018 and the Agricultural Act of 2014 – pertaining to the cultivation, processing, distribution, and sales of hemp must be followed by the mailer of hemp or CBD products.
Lastly, for a minimum of two years following the date of sending, the mailer must keep records proving compliance with such legislation, such as laboratory test results, licenses, or compliance reports.
Best Way to Mail Weed
The greatest way to mail weed is to keep your packages in the state to improve your chances of sending them safely. Due to its stricter Fourth Amendment protections, the US Postal Service appears to be the best carrier for many weed shippers.
Note that post inspectors have a comprehensive list of indicators that can determine whether a shipment contains weed or other illegal substances. Scribbled, handwritten, or missing return addresses, odd shapes, excessive tape or postage, and excessive odor are all indicators that a package is suspicious.
The bottom line is that you can mail weed but you’re taking a risk and you’re still committing a crime. Despite the difficulties associated with delivering hemp and marijuana, the USPS fills a critical knowledge gap by offering some much-needed insight. These new regulations undoubtedly point the road in the right direction, even though it will take some time before it is legal to mail marijuana in the US.