Is it legal to mail weed or edibles?

This article originally appeared on Cannabis.net and has been republished with permission.

The legality of traveling and shipping cannabis or products made from it can be overwhelmingly confusing. There are many things to consider and these are important to know, especially for medical patients who are dependent on cannabis to treat medical conditions, have difficulty reaching a dispensary near you, or need to dispose of marijuana after being placed in a cannabis -friendly state.

The short answer is no, it is illegal to ship marijuana products and edibles within the United States. As of this writing, marijuana is still a federally illegal substance, meaning it is illegal in the eyes of the federal government. The United States Postal Service (USPS), as well as other private postal companies, are managed and controlled by the government. If criminal activity sent through the mail is discovered, it may result in federal offenses dealt with in United States Code 1716.

Photo by Joel Moysuh via Unsplash

Individuals caught shipping marijuana even from one lawful state to another can be prosecuted by the federal government. This can also lead to state charges on the quantity of illegal drugs. However, if you are caught shipping cannabis in a state where cannabis is already legal, it is best to enlist the help of a drug defense attorney.

Current law states that shipping 50 kilos of marijuana through UPS can result in up to 5 years in prison with a fine of up to $250,000. Both FedEx and UPS do not allow shipping of products that are not federally legal, although the USPS must obtain a search warrant, while FedEx, UPS, and other private couriers do not. This means they can open your package if they deem it necessary. Keep in mind that postal workers also get a reward, sometimes $50,000, if they can identify packages containing marijuana and report the people behind them.

edible

Since many people have managed to travel internationally with edibles in their suitcases, you might think it’s okay to ship them. However, the answer is still no.

THC edibles are still illegal at the federal level, and since the US Postal Service is an agency of the federal government, anyone caught can face hefty fines and even risk jail time. Both the recipient and the sender can be penalized.

Hemp and CBD

Shipping raw hemp plants can only be done legally by pre-approved individuals or businesses within the United States. The UPS can already accept any product made from hemp as well as CBD based on state and federal laws. However, the responsibility for ensuring compliance lies entirely in the hands of the shipper, so it is best to find out about current Food, Drug and Cosmetics legislation.

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Under the Hemp Farming Act of 2018, CBD is legally considered any product made from hemp that contains less than 0.3% THC. Although CBD can be made from other plants with higher THC levels, few places can legally sell CBD made from marijuana as opposed to hemp. But CBD products aren’t as tightly regulated in areas where recreational or medical marijuana has already been legalized.

One must also keep in mind that CBD must be legal in both the place of origin and the place of destination. There are still some states that unfortunately ban the sale of CBD products, while complex restrictions in various locations can make shipping more confusing than it should be.

Photo by Maarten van den Heuvel via Unsplash

Currently, the USPS requires companies shipping CBD to ensure they have complied with all state, federal, and local laws, although this is not limited to the THC content in each product. Proper documentation is also critical to compliance. Because of this, it has become easy for online hemp businesses to ship raw hemp or other hemp-based products.

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It’s also important to note that marijuana businesses are treated differently than individuals who want to ship marijuana, hemp, or edibles for personal reasons. While many people have gotten away with this in the past, remember that this could be a matter of luck. One would have to ask if it’s worth getting caught. After all, if you’re traveling to a destination where it’s legal for recreational use, it’s better to just buy it there.

Because laws governing the transportation of marijuana are constantly changing, it’s best to consult an attorney before attempting it yourself. This can save you headaches and legal troubles that could result from doing it wrong or illegally.

rule of law

Buying marijuana and THC products online is easy in states where it’s legal. Hell, you could even have it delivered right to your door with no questions asked, other than proving you’re at least 21 years old to do so. In addition, city and state laws can vary, particularly when it comes to the amount you can buy, own at home, and where you can smoke cannabis.

Many licensed dispensaries offer safe online marijuana purchasing and delivery options. Just make sure you’re buying from a reputable company. As always, find out about the current laws in your area.

This article originally appeared on Cannabis.net and has been republished with permission.