What are the penalties for receiving marijuana in the mail? 31 Answers as of September 19, 2011

Someone I know was caught by the postal inspector with about an ounce of marijuana, possibly other marijuana laced items. How much trouble could she get in?

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Law Offices of Sean Logue
Law Offices of Sean Logue | Sean Logue
It is a tough question to answer. Both federal and state crimes were violated. It depends on the amount and where the charges are filed. He should hire an expericed criminal attorney ASAP.
Answer Applies to: Pennsylvania
Replied: 9/19/2011
Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
A lot! Possession of marijuana alone is a Class A Misdemeanor. However, using the US Postal Service to transport MJ . . . that opens up Federal implications including Mail Fraud (Abuse of Postal Services) and Possession under Federal Statute, Trafficing in Illegal Substances . . .
Answer Applies to: Texas
Replied: 9/16/2011
Michael R. Nack, Attorney at Law
Michael R. Nack, Attorney at Law | Michael R. Nack
She might be charged in Federal Court due to the use of the U.S mail, and if this does happen she is facing time in prison. However, if she is simply charged with violating state laws, then it is much more likely that she will avoid incarceration.
Answer Applies to: Missouri
Replied: 9/15/2011
Michael Breczinski
Michael Breczinski | Michael Breczinski
A fair bit since postal laws are under Federal law.
Answer Applies to: Michigan
Replied: 9/15/2011
Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
This is a federal crime and will be prosecuted in federal court. The first offense is punished as a misdemeanor with a max. sentence of 1 year and / or $1000.00 fine.
Answer Applies to: California
Replied: 9/14/2011
    Law Office of Roianne H. Conner
    Law Office of Roianne H. Conner | Roianne Houlton Conner
    If she is charged in federal court she could receive a substantial sentence.
    Answer Applies to: Alabama
    Replied: 9/14/2011
    Betts Legal Services
    Betts Legal Services | Shawn M. Betts
    Potentially, sending or receiving controlled substances in the mail can result in State or Federal charges. Likely if the amount was very small, or there were other circumstances relating to the situation, it may be looked at as less serious, but there is potential to be charged with a felony.
    Answer Applies to: Minnesota
    Replied: 9/14/2011
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    If she was using the U.S. mail, she is in serious trouble and looking at being prosecuted by the Federal Government.
    Answer Applies to: Michigan
    Replied: 9/14/2011
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    Since the US mail was used, this likely could be a federal offense. What the possible penalties could be would depend on the actual charge. As a general rule, federal penalties are tougher than Michigan's.
    Answer Applies to: Michigan
    Replied: 9/14/2011
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    That is a federal crime and could carry a long prison term. He should retain a good criminal attorney that has 20 years or more experience in federal court. He may be given probation if the federal prosecutor feels it was a small amount and it was a first offense.
    Answer Applies to: New York
    Replied: 9/14/2011
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    Sending illegal drugs through the mail would be a violation of federal law and could have very serious consequences. You would need to consult with an attorney that practices criminal law in federal court for more information. If they could prove there was a plan or conspiracy to ship the drugs that could be another charge as well. If he received the marijuana and opened it and kept it in his possession, he could face state charges of marijuana possession as well which is a misdemeanor. Check with an experienced criminal attorney right away.
    Answer Applies to: Michigan
    Replied: 9/14/2011
    Law Office of Daniel K Martin
    Law Office of Daniel K Martin | Daniel K Martin
    The answer to this question depends on the jurisdiction that prosecutes. If the state courts prosecute then the punishment will probably be fairly mild ranging from a large fine to a smaller fine without jail. (possibly a drug program) If this offense is prosecuted in federal court by a United States Attorney, then the punishment could be a couple of years in federal prison. (it is unlikely that she will actually get years in federal prison unless this one shipment is only the tip of the iceberg) If this one shipment is the only shipment ever, then she should be able to get by without doing any jail time.
    Answer Applies to: California
    Replied: 9/14/2011
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    Your friend could get into more trouble than she can carry. Receiving any illegal drugs through the US mail can make the matter a federal offense and carries harsh penalities. Those penalities include conviction for a felony offense as well as possible prison time.
    Answer Applies to: Alabama
    Replied: 9/14/2011
    Cynthia Henley, Lawyer
    Cynthia Henley, Lawyer | Cynthia Henley
    She could be in state trouble or federal trouble. It depends on the amount of marijuana involved including the "laced" items as to the level of punishment in either jurisdiction.
    Answer Applies to: Texas
    Replied: 9/14/2011
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    There are a lot of laws that address mailing illegal substances through the US mails. Most of those matters are felonies. I would urge that person to contact an attorney.
    Answer Applies to: Washington
    Replied: 9/14/2011
    Law Offices of Martina A. Vigil, PC
    Law Offices of Martina A. Vigil, PC | Martina A. Vigil
    Using the United States Postal Service during the commission of a crime is a federal offense. Unlike California, marijuana is absolutely illegal and considered a Schedule I drug - which means it is treated the same as heroin or methamphetamine. This crime is punished very seriously. Your friend should consider hiring an attorney who works federal cases.
    Answer Applies to: California
    Replied: 9/14/2011
    D T Pham Associates, PLLC
    D T Pham Associates, PLLC | Duncan T Pham
    Depends on whether she gets charged with a state or federal offense.
    Answer Applies to: Texas
    Replied: 9/14/2011
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    Mailing illegal substances is a Federal offense, so the likely result would be Federal charges.
    Answer Applies to: Kansas
    Replied: 9/14/2011
    Mark Thiessen, Attorney at Law
    Mark Thiessen, Attorney at Law | Mark Thiessen
    Lots of trouble. It's a federal offense and may be a felony depending on what the marijuana is laced with. You need to hire an attorney that is skilled in drug cases and fight this.
    Answer Applies to: Texas
    Replied: 9/14/2011
    Thomas J. Tomko Attorney At law
    Thomas J. Tomko Attorney At law | Thomas J. Tomko
    Possible charges include possession and illegal use of the US mail. It will depend on what agency brings the charges. I suggest that she consider discussing the case with the attorney you hire, as this is not a proper forum to discuss the details of the case. You may contact my office to set a date and time to meet. I hope that this was helpful.
    Answer Applies to: Michigan
    Replied: 9/14/2011
    Law Offices of Scott G. Hilderman
    Law Offices of Scott G. Hilderman | Scott G. Hilderman
    Depends whether she is charged with possession with intent to distribute or whether she is charged with possession. The first is a felony and is unlikely unless they can prove she has been selling in the past; the second is a misdemeanor. It also depends whether she is charged federally or by the state authorities.
    Answer Applies to: Montana
    Replied: 9/14/2011
    Shane Law Office
    Shane Law Office | Robert J. Shane
    The possession of an ounce of marijuana received through the mail is a petty misdemeanor offense in Minnesota. A person is subject only to a fine payment of up to $300.00 and no jail time. A small amount of marijuana is defined by law as 42.5 grams or less. The possession of marijuana laced items or fake pot is now a a misdemeanor offense effective July 1, 2011. A person convicted of possessing fake pot may be looking at 0 to 90 days jail and/or $0 to a $1,000.00 fine.
    Answer Applies to: Minnesota
    Replied: 9/14/2011
    Gary Moore, Attorney at Law
    Gary Moore, Attorney at Law | Gary Moore
    It all depends on what the specific charges are. He needs to take his criminal complaints to a criminal lawyer to discuss his case. He should call me.
    Answer Applies to: New Jersey
    Replied: 9/14/2011
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    It's a Federal Offense. You would need to look at the Federal Sentencing guidelines for possession of the substance or substances.
    Answer Applies to: Washington
    Replied: 9/14/2011
    Watkins Law Office
    Watkins Law Office | Bob Watkins
    I depends.....If the State assumes the prosecution then probably a charge of misdemeanor possession. But since the postal service was used there is the possibility that the US Attorney's office may want to get involved. The penalties then could be much greater. Will depend on the underlying facts of the case whether the federals wish to get involved.
    Answer Applies to: New Hampshire
    Replied: 9/14/2011
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    Does she have a medical recommendation. Otherwise she is in not terribly serious trouble.
    Answer Applies to: California
    Replied: 9/13/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    Without knowing all the facts, it is impossible to know what she faces, let alone what the outcome could be. For instance, it is possible that the feds could consider taking the case. So, see a lawyer as soon as possible! Good luck!
    Answer Applies to: Georgia
    Replied: 9/14/2011
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    The authorities can elect to proceed either in Federal or state court, in this case. If processed in the State of Illinois, and handled in an Illinois court, the penalty is probably probation, this depending on her prior criminal history and the total weight of the pot recovered. Not familiar with the Federal statutes, however believe the sentence would be similar in a Federal case, but she would be better advised of sentencing guidelines by an attorney who practices in Federal courts.
    Answer Applies to: Illinois
    Replied: 9/14/2011
    Law Office of Robert L Keates, PLLC
    Law Office of Robert L Keates, PLLC | Robert Keates
    The penalties in terms of state law are generally the same as possessing marijuana.
    Answer Applies to: Texas
    Replied: 9/13/2011
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