When it comes right down to it, as an option for the illegal transportation of cannabis via mail, USPS is – relatively! – your safest bet. And we mean relatively. Remember, the act is an illegal one and, without a doubt, carries a significant level of risk.
“…first class letters and parcels are protected against search and seizure under the Fourth Amendment to the Constitution, and, as such, cannot be opened without a search warrant.”
Also, in case you’re thinking of doing anybody any favors, that even if you did not mail the package and are only the recipient, your knowledge and participation in the planning of the shipping makes you just as guilty as the person who mailed the package. Once a package is seized, a person is liable to face prosecution in both the state in which it was mailed as well as the state in which it was delivered. It’s totally at the discretion of the prosecutor.
According to former Attorney General Eric Holder, the problem is endemic:
Why are there so many people willing to take a chance on something like mailing cannabis? Is it really such a bad thing? Could there really be possible upsides to sending cannabis in the mail?
In terms of alternative carriers within the U.S., there are a number of private couriers. The big three outside of USPS are FedEx, UPS, and DHL. A question for the discerning cannabis shipper might be “Which service should I choose and are any of these a better, safer option than USPS?” Surely these private companies offer the paying customers greater protection against government interference and warrantless searches?
The answer is a resounding no. FedEx, UPS, and DHL all specify in their terms of service that they reserve the right to open and inspect any package at their own discretion. In contrast to these policies, the U.S. Postal Service is the preferred carrier for many drug shippers because it offers more stringent Fourth Amendment protection. Postal inspectors must acquire a search warrant based on probable cause before inspecting mail and parcels. According to the USPS:
This is not necessarily the case with the USPS, because as government employees, they are the federal government and therefore require a warrant to access your package. However, although postal inspectors do have to obtain a warrant to search a suspicious package, suspicion alone is enough to get parcels singled out and tracked. USPS actively encourages workers and the public to get involved in the identification of packages containing drugs by offering $50,000 to anyone who provides information that leads to the arrest and indictment of a drug trafficker.
In the anarchy of the legalization movement, some cannabis users dismissed the run-of-the-mill driving delivery system and instead have taken to mailing their product. In an effort to assess the scale of the trafficking taking place within the USPS, we tried to get our hands on as much relevant data as possible. We were semi-successful in this undertaking, only managing to get information covering the period 2012 to 2015. Consequently, you’ll have to excuse the somewhat empty looking graph below. It’s as patchy as a 13-year-old’s facial hair, but it’s all we got right now since we hadn’t the time to submit a Freedom of Information request.
Thinking about trying to mail weed through the USPS? Learn about the laws, risks and penalties associated with mailing marijuana.