Is it legal to mail edibles or Marijuana through the mail?
The short answer is that mail-ordering cannabis products, including edibles and vapes, is illegal in the federal government. The nation’s War on Drugs, which includes cannabis, is fought in part by postal inspectors. They are one of the nation’s oldest law enforcement agencies and work to prosecute and intercept drug proceeds traffickers try to send.
We know what you are thinking. How many billions of packages get mailed each year with cannabis? Is it legal to mail cannabis? Is it possible to mail cannabis and not be caught? Are the consequences worth taking? We’ll break down the long answer.
Mailing marijuana could result in severe penalties
Though states can legalize marijuana possession under local law, possession for any reason outside limited research technically remains a federal crime as well as shipping cannabis via the mail. Your local marijuana dispensary can deliver cannabis at your doorstep within the state. However the United States Postal Service, as a government agency, is subject to federal law. Any illegal use of their services will be considered a felony. Additionally, marijuana remains a Schedule I drug.
This means that anything less than 50 grams could potentially land you up to five year in a federal penitentiary. The penalties increase with increasing amounts. It is important to note that even though you were not the intended recipient of the package, you are still guilty. A package that is taken is subject to prosecution in the same state it was sent and the one it was delivered. The prosecutor can decide what to do.
Posting hemp and delta-8 products
The 2018 Farm Bill passed, which allowed for federal legalization of hemp. Hemp-derived products are those that contain less than 0.3% THC. Hemp products may be legally mailed within the United States via the USPS and private mailers FedEx and UPS. However, there are exceptions like vaporizers. Legality is dependent on whether the sender or recipient state has laws that prohibit it.
You might think that the rise in delta-8, a cannabinoid derived from hemp, provides a loophole. It can be extracted from federally-legal hemp plants so it should be possible to ship it anywhere in America. Well, no. The legal status of Delta-8 is currently in a gray area. While the DEA has listed them along with delta-9 THC on their scheduled substances list. However, they have not yet officially designated it as such.
You could also mail cannabis via private couriers such as FedEx or UPS.
There are many private couriers that can be used as alternative carriers in the US. FedEx, UPS and DHL are the three major alternatives to USPS. The question for a cannabis shipper is “Which service should I choose?” and “Are any of these safer than USPS?”. Surely private companies provide greater protection from government interference and warrantless searches.
It is a clear no. FedEx, UPS and DHL all state in their terms that they have the right to inspect and open any package at their discretion. All three expressly state that any type of marijuana shipping is illegal and unacceptable.
FedEx
Their terms and conditions prohibit FedEx from mailing cannabis flowers and THC products. However, FedEx also prohibits shipping hemp plants, oils, and seeds. However, CBD products that comply with the law can now be shipped. FedEx was also indicted by the US Department of Justice for conspiracy to distribute controlled substances in 2014. This is in response to its role in illegal prescription drug transport. Although this isn’t marijuana, it strongly suggests that FedEx and private couriers will be closely inspecting packages for illegal substances.
UPS
UPS prohibits the shipping of cannabis products. However, it allows raw hemp plants and CBD products to be shipped domestically as long as they do not originate from any companies that also produce or deal with marijuana.
DHL
DHL will accept packages that contain hemp plants or derived products containing less than 0.3% THC. However, this is only for the US. DHL claims that they inspect all packages. However, other couriers and DHL are not required to xray any shipments.
How about sending edibles, concentrates, or cartridges by mail?
If the THC content is greater than 0.3%, any cannabis-derived edible or cartridge, concentrate, or topical can be confiscated and used to prove that it was involved in drug trafficking. Even CBD and Delta-8 vapes are banned. However, CBD and delta-8 edibles or concentrates that conform to federal and state regulations are permitted.
Why should anyone risk being caught sending cannabis?
Is it really a bad idea to send eighths by mail? Is it really so easy to mail cannabis? The data suggests that it is less likely to happen. The combination of Canada’s legalization and Mexico decriminalization in recent years, the US has more favorable legislation. This means that there are more legal options for cannabis careers and a decrease in related crime. According to the latest data, while agents managed to seize approximately 4 million pounds of marijuana in 2009, they only took away 1.5 million pounds. The DEA has more than 1,000 charges for marijuana trafficking in 2021. Deliveries within states and specific cities are made the cannabis dispensaries as per law.