What was the penalty for mailing marijuana? 17 Answers as of December 07, 2011

What is the penalty for mailing marijuana USPS? I mailed less than an ounce between states and the package was seized by the post office.

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Edward  D. Dowling IV Attorney at Law
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
It depends on the exact charge and whether you are being charge under Federal or state law.
Answer Applies to: New York
Replied: 12/7/2011
Law Office of Christopher G Humphrey PC | Christopher G Humphrey
You could be charged in the state you live and the state you sent it. you could be charged with Conspiracy, and attempted Delivery of a Controlled Substance. There could be a federal charge under Title 18 USC 841.... Just delivery alone in Wyoming is 0-10 years in prison. depending on who charges you, many different things could happen. This is a fact intensive question. Go speak with a criminal defense attorney immediately.
Answer Applies to: Wyoming
Replied: 12/2/2011
Law Office of Phillip Weiser
Law Office of Phillip Weiser | Phillip L. Weiser
This would be a Federal charge, and the penalty would depend upon your prior criminal history and the level of crime charged.
Answer Applies to: Kansas
Replied: 12/1/2011
Craig W. Elhart, P.C.
Craig W. Elhart, P.C. | Craig Elhart
This is a federal offense and the penalty will depend on what you are ultimately charged with.
Answer Applies to: Michigan
Replied: 12/1/2011
Fitzpatrick, Mariano, & Santos, PC
Fitzpatrick, Mariano, & Santos, PC | Raymond J. Savoy
You can be charged under both Federal and State statutes. The amount of a jail sentence depends on the charge. I would need to know the charge before I can advise you of possible jail sentences.
Answer Applies to: Connecticut
Replied: 11/30/2011
    Mark Thiessen, Attorney at Law
    Mark Thiessen, Attorney at Law | Mark Thiessen
    Depends on which state it was delivered to. Look to the state that seized it. And google it there. an ounce is pretty low and I seriously doubt they have the resources to do anything, but hopefully you didn't have your return address on it. And the cops may be watching the recipient now.
    Answer Applies to: Texas
    Replied: 11/30/2011
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    That would depend on your criminal history and the Federal Sentencing Guidelines. You should be able to find them online.
    Answer Applies to: Washington
    Replied: 11/30/2011
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    It's a Federal Offense. You are looking at serious time.
    Answer Applies to: Michigan
    Replied: 11/30/2011
    Rudolph A. Serra, Attorney
    Rudolph A. Serra, Attorney | Rudolph A. Serra
    The penalty for a crime is based on a variety of things such as whether you have a prior record. These items are all listed in the Federal Court "Sentencing Guidelines." The fact that the matter is in Federal Court at all immediately elevates it's seriousness. You're facing serious charges that probably include counts of "manufacturing and delivery" and "conspiracy to distribute." The fact that the amount of the drug was small will help, but that fact that it was mailed and went from one state to another will hurt a lot because it shows planning, organization and so on. You need to get a good criminal lawyer who can review your history and the present case and tell you what the sentencing guidelines say. They will also help you defend yourself and you should start contacting lawyers immediately. If you can't afford one, you should ask the Judge to appoint one for you.
    Answer Applies to: Michigan
    Replied: 11/30/2011
    The Law Office of Kevin O'Grady
    The Law Office of Kevin O'Grady | Kevin O'Grady
    Depending on the circumstances, the mere fact that you crossed states lines, will bring it into the federal arena. They may well begin an investigation into trafficking charges. You should immediately hire an attorney for pre-indictment purposes.
    Answer Applies to: Hawaii
    Replied: 11/30/2011
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    It could be distribution or trafficking depending on the quantity. Also, use of the U.S. mail for distribution purposes may cause the case to be in federal court where penalties are much harsher.
    Answer Applies to: Alabama
    Replied: 11/30/2011
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    The amount you mailed may not be too much; however, your methods are what have caused for you a major problem. By using the US mail (especially if you were mailing kthe package to another state or country) makes the crime a federal offense. You need to consult with a local attorney.
    Answer Applies to: Washington
    Replied: 11/30/2011
    Thomas C. Brandstrader Attorney At Law | Thomas C. Brandstrader
    Probation. You better get an experienced criminal attorney. It is a federal offense and can wreak havoc on the rest of your life. You might be able to get a diversion and avoid a conviction but you have to act quickly.
    Answer Applies to: Illinois
    Replied: 11/30/2011
    Law Office of David Baum
    Law Office of David Baum | David M. Baum
    The penalty for transportation of marijuana across state line depends on several factors, including, but not limited to, the amount (you stated less than an ounce), whether you have any prior criminal record, and whether there is evidence you intended to sell the marijuana.
    Answer Applies to: California
    Replied: 11/30/2011
    Robert Mortland
    Robert Mortland | Law Office of Robert Mortland
    This is likely to be charged as a federal offense because you were sending the item in interstate commerce via a federal agency.
    Answer Applies to: California
    Replied: 11/30/2011
    Pascher Law Firm
    Pascher Law Firm | Sonia Pascher
    This is a federal offense that includes transportation. You are exposed to incarceration.
    Answer Applies to: California
    Replied: 11/30/2011
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    That depends on a number of factors, but if you have no priors you could get probation or up to a few years in federal prison. It is a serious federal offense and can also be charged in state court, but it will most likely result in federal charges since you used the mail and it was interstate.Retain a good criminal attorney and do not talk to the police, answer their questions, or make any admissions no matter what they promise or threaten. They will have a hard time proving the case unless you make admissions or used your own return address and got your fingerprints all over the package.
    Answer Applies to: New York
    Replied: 11/30/2011
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