With the evolving landscape of cannabis legalization in the United States, many people are curious: Can you mail weed? As of 2023, 23 U.S. states have legalized cannabis for both medical and recreational purposes, including Delaware and Minnesota. However, while it's clear that the cultural acceptance of legalization is ever-increasing, this doesn't mean that all cannabis regulations have been relaxed.
At the federal level, cannabis remains classified as a Schedule I controlled substance under the Controlled Substances Act. And this classification makes it illegal to transport cannabis across state lines, including through the mail.
Nevertheless, state laws regarding cannabis possession, use, and distribution can vary widely. While many states have legalized cannabis in some form, including recreational use, others maintain strict prohibition. Not only that, but state laws are constantly changing, so it's fair to wonder about the legality of sending weed in the mail.
Mailing Weed: What Federal Law Says
So, can you mail weed legally? The short answer is no, according to federal law. Cannabis is classified as a scheduled drug under the Controlled Substances Act, which ultimately makes it illegal to mail.
The Drug Enforcement Administration (DEA) is the federal agency that enforces drug-related laws and regulations in the United States. Despite widespread legalization occurring in dozens of states throughout the country, the DEA maintains a strict stance under federal law, considering cannabis containing more than 0.3% delta-9 THC illegal for any and all purposes. So, while the agency primarily focuses its enforcement efforts on larger-scale drug trafficking operations, it may still investigate cases involving the mailing of cannabis.
As you can imagine, the United States Postal Service (USPS) has specific regulations in place when it comes to weed packages. USPS explicitly prohibits the shipment of cannabis, but it allows for the mailing of legal hemp products that contain less than 0.3% total THC (except to military destinations).
Of course, there's lots of mail that needs mailing. Apart from USPS, other shipping services are available, such as FedEx, UPS, and DHL. Still, these companies also have policies prohibiting the shipping of cannabis. Like the USPS, they may allow for the shipping of legal raw hemp products containing less than 0.3% total THC within the United States.
However, these shipping companies reserve the right to inspect and open packages as they see fit. For packages containing legal hemp products, including the certificate of analysis (COA) is recommended to demonstrate the THC content and ensure transparency.
In terms of international shipping, regulations and restrictions vary depending on the destination country. However, trying to mail weed overseas is still illegal. Your packages still need to go through customs, where they will likely be picked up (if they haven't already) and destroyed. Shipping anything (let alone cannabis) across international borders is generally heavily regulated due to the variations in legal frameworks between countries.
Shipping Cannabis: What about State Laws?
At the end of the day, regardless of the cannabis issue at hand, federal law supersedes state laws. So, despite individual state regulations regarding the legalization of cannabis, shipping cannabis (whether recreational or medical) through the mail is illegal in all circumstances.
Given that the USPS is a federal agency, using its services to send cannabis – regardless of whether it is for medical or recreational purposes – is prohibited. Other shipping companies operating at the national or international level, such as FedEx, UPS, and DHL, also adhere to federal regulations, which forbid the shipping of cannabis.
You also need to remember that there is no distinction between mailing edibles versus mailing cannabis flower, oil, or other weed products. Federal law prohibits the shipment of any form of cannabis, regardless of its form or purpose.
Finally, shipping high-THC cannabis within the same state is also a no-go, even if weed is recreationally and medically legal. The states themselves do not operate the USPS - the federal government does. As such, federal regulations, which prohibit the shipping of weed, still apply.
Penalties for Mailing Weed
While it may seem like a relatively innocuous act, the penalties for mailing cannabis can be severe. Doing so is considered a violation of federal drug trafficking laws, which carry significant legal consequences, and these penalties apply both to shipping cannabis and receiving it.
The specific penalties for mailing cannabis vary depending on the quantity being shipped, whether it is a first or subsequent offense and the individual's criminal history. Federal drug trafficking laws, including those related to cannabis, outline potential penalties ranging from five years to more than 30 years in prison, depending on the circumstances.
And yes, these penalties apply to edibles too. So, if you're wondering if you can go to jail for mailing edibles, the answer is yes. If you're caught shipping edibles, you may face the severe penalties that come with violating federal drug trafficking laws.
Given the serious legal consequences and the federal prohibition against mailing cannabis, it is strongly advised that you never engage in such activities under any circumstances. It is essential to respect and comply with federal laws and regulations to avoid legal trouble and safeguard your personal well-being.
What Cannabis Products Can You Mail?
There is no real distinction made between the type of weed products in the mail. However, while federal law prohibits the mailing of high-THC cannabis itself, certain cannabis-related products can be shipped under certain circumstances.
The 2018 Farm Bill played a significant role in differentiating hemp from what the government considers “marijuana.” Hemp, defined as cannabis containing no more than 0.3% delta-9 THC on a dry weight basis, was federally legalized through this legislation. As a result, it is generally legal to ship hemp and hemp-derived products as long as they meet the criteria established by the Farm Bill.
Federally legal CBD (cannabidiol) products derived from hemp fall within this category. CBD, a non-intoxicating compound found in cannabis, has gained popularity for its potential therapeutic benefits. These CBD products, including oils, topicals, and edibles, can be shipped if they contain less than 0.3% delta-9 THC and comply with all other applicable federal, state, and local regulations.
However, it's important to note that the legal status of other hemp-derived cannabinoids, such as delta-8 and other intoxicating compounds, is currently murky, with a 2022 Supreme Court ruling that delta-8 THC derived from hemp is legal. However, the Drug Enforcement Administration (DEA) has expressed concerns about the manufacturing and marketing of such products and has stated that synthetically derived THC products are considered a Schedule I substance and are still subject to federal control.
In stark contrast lie cannabis seeds. The DEA has stated that weed seeds are legal to ship, as they would be considered legal hemp as long as they do not exceed this 0.3% THC limit.
When it comes to shipping options, it's worth noting that private shipping companies like FedEx and UPS generally have similar policies to USPS regarding the shipping of cannabis and cannabis-related products. They prohibit the shipping of cannabis products but may allow for the shipment of legal hemp products that meet the requirements of the Farm Bill.
Alternatives to Mailing Weed
The question of whether or not you can receive weed in the mail is an unambiguous no. However, there are plenty of alternative options available in many states.
In some states, the option of cannabis delivery services exists. Cannabis delivery services operate within the state's boundaries, offering convenient access to cannabis without the need for mailing it. Cannabis deliveries are the next best thing, as the effect is roughly the same: weed delivered right to your door.
Some states have implemented "gifting" laws or gray-market practices. These laws often allow individuals to gift cannabis products to others as long as there is no exchange of money or goods of value. However, these transactions must typically occur in person, and mailing cannabis products under the guise of a gift is still not legal.
States such as Alaska, California, Colorado, Connecticut, Maine, Massachusetts, Michigan, Nevada, New Jersey, Oregon, Vermont, Virginia, and Washington DC have either explicitly legalized gifting or have regulations that allow for such practices. Yet, we still recommend referring to the specific regulations and requirements outlined by each state's governing cannabis body to remain in compliance with the law.
FAQs About Mailing Cannabis
Can you ship weed from a legal state to a legal state?
No, shipping cannabis across state lines, even if both the sender and recipient live in states where it has been legalized, violates federal law.
Can CBD be mailed?
CBD products derived from hemp with less than 0.3% delta-9 THC can be legally shipped under certain conditions. However, complying with all applicable federal, state, and local laws and regulations is essential, even if the products in question fall under the 2018 Farm Bill.
What happens if the courier discovers the cannabis?
If a courier discovers cannabis in a package, they are likely to follow their company's policy and notify the appropriate authorities, which could lead to legal consequences for both the sender and the recipient, depending on the particular circumstances.
What about cannabis paraphernalia?
Shipping cannabis paraphernalia, such as pipes or bongs, is also subject to legal restrictions. The drug paraphernalia statute, US Code Title 21 Section 863, makes it "unlawful for any person to sell or offer for sale drug paraphernalia; to use the mails or any other facility of interstate commerce to transport drug paraphernalia; or to import or export drug paraphernalia." However, companies producing cannabis paraphernalia get around this by marketing their products as water pipes for tobacco, and there is little enforcement by the DEA.
The information in this article and any included images or charts are for educational purposes only. This information is neither a substitute for, nor does it replace, professional legal advice or medical advice, diagnosis, or treatment. If you have any concerns or questions about laws, regulations, or your health, you should always consult with an attorney, physician or other licensed professional.
