Seizing Marijuana: What Happens if UPS or FedEx Finds Drugs in a Package Sent?

This article explains the complexities surrounding the seizure of packages containing marijuana or other illegal drugs by carriers like UPS or FedEx. As a cannabis packaging box and marijuana packaging box manufacturing plant for wholesalers, manufacturers, and distributors, we understand the importance of discreet and compliant shipping. Reading this will inform you about the legalities, procedures, and potential consequences involved when shipping cannabis-related products, ensuring you operate within the bounds of the federal law and avoid potential issues.

1. Can UPS or FedEx Seize My Package?

Yes, UPS and FedEx, as private shipping companies, have the right to inspect any parcel they handle. Their terms of service explicitly state that they can open and inspect any package at their discretion. Unlike the USPS, they don’t need a search warrant based on probable cause. If UPS or FedEx finds illegal drugs or any other controlled substance, they will likely seize the package and contact law enforcement. This isn’t only about federal offences, and the action may be taken in accordance to local law too.

If a UPS package is suspected of containing something illegal, employees are trained to identify suspicious package characteristics. This could include excessive taping, unusual odors, or handwritten labels from known drug-source areas. As a cannabis packaging provider, it is something we take into consideration when designing our products.

2. What is the Difference Between USPS and Private Carriers Like FedEx and UPS?

The key difference lies in the Fourth Amendment protection against unreasonable searches and seizures. The USPS, as a government entity, requires a search warrant from a law enforcement officer for its postal inspectors to open and inspect mail. This warrant must be based on probable cause. FedEx and UPS, being private entities, aren’t bound by the same restrictions. They can inspect packages without a warrant and, if they discover something illegal, they can freely share their findings with any law enforcement agency, including the Drug Enforcement Administration (DEA).

This makes the United States Postal service theoretically safer for sending prohibited items, but postal services are still heavily monitored. The Postal Inspection Service is an entire law enforcement branch of the postal service which deals with parcels containing controlled substances.

3. What Happens When UPS or FedEx Intercepts a Suspicious Package?

If UPS or FedEx suspects a package contains contraband, like marijuana products or other illegal drugs, their protocol usually involves the following steps:

1. Inspection: The package is opened and inspected to confirm the presence of the suspected substance.
2. Seizure: If the contents are confirmed to be illegal, the package is seized.
3. Law Enforcement Notification: UPS or FedEx will contact the relevant law enforcement authorities, which might be local law enforcement or a federal agency like the DEA. They will seized the package.
4. The shipping facility will document all steps.

As manufacturers of cannabis packaging, we aim to create discreet vape packaging and other solutions that minimize the risk of attracting undue attention during transit. However, complete anonymity can raise flags. See our range of Concentrate Packaging and Vape Packaging for our latest offerings.

4. What if my Package was Seized by Law Enforcement?

If your UPS package or FedEx or UPS package is seized by law enforcement after being flagged by the carrier, the situation becomes significantly more serious. You may be contacted by a law enforcement agency, and it’s crucial to understand your rights.

At this point, anything you say can be used against you. It is important to contact a law firm. A criminal defense attorney will advise on how to proceed.

5. Do I Have Any Rights if a Package Containing Marijuana is Seized?

Yes, you have rights. Even though states where marijuana is legal exist, it remains a controlled substance under federal law. If a package containing marijuana is seized, you have the right to remain silent and the right to an attorney. You should not attempt to explain the situation or answer questions without legal counsel. Claiming, “I know no one sent that to me!” might sound like a valid defence, but anything stated to the authorities can be used against you.

6. Is Shipping Hemp and CBD the Same as Shipping Marijuana?

While hemp and CBD are federally legal under the 2018 Farm Bill (if they contain less than 0.3% THC), shipping them can still be tricky. UPS states that it will not accept shipment of marijuana, but may accept hemp and CBD products if the shipper complies with all applicable laws. It’s crucial to ensure all products are properly labeled and meet the legal THC limit. Confusion can arise because visually, hemp and marijuana can be very similar, which can cause products to be wrongfully seized.

We offer packaging solutions specifically designed for CBD Vape Cartridge Packaging and Tincture Packaging that comply with labeling requirements.

7. What are the Penalties for Sending or Receiving Drugs Through the Mail?

Sending or receiving drugs through the mail, including via UPS or FedEx, is a federal offense. Drug trafficking carries severe penalties, including significant prison time and substantial fines. The specific penalty depends on the type and quantity of the controlled substance, as well as your prior criminal history. Trafficking of controlled substances may incur penalties that include the following: imprisonment, fines, supervised release and asset forfeiture. If caught, it is important to employ a lawyer that has experience in criminal law, or a firm which specialises in areas such as business law, to explore all potential defenses.

8. How Can a Drug Dog Influence a Package Seizure?

A drug dog, also known as a K9 unit, can significantly influence a package seizure. If UPS or FedEx has reasonable suspicion that a package contains drugs, they may attempt to use a K9 drug dog to investigate. If the dog alerts to the presence of narcotics, this establishes probable cause for a more thorough search, or for law enforcement to obtain a search warrant if using USPS.

9. What Should I Do if My Package is Seized?

If you discover that your package was seized (e.g., through a tracking number showing it’s been intercepted or you receive a notification), here’s what you should do:

1. Do Not Contact the Carrier or Law Enforcement Directly: Avoid making any statements that could incriminate you.
2. Contact a Criminal Defense Attorney Immediately: An attorney specializing in drug-related offenses can protect your rights and advise you on the best course of action.
3. Preserve Any Evidence: Keep any records, emails, or other documentation related to the shipment.
4. Be prepared, your arrest can be made.

Remember, even if you believe the seizure was a mistake, contacting the authorities without legal representation can be detrimental. It might feel intuitive to try to explain, to resolve the situation, but this can cause more harm than good.

10. How Can Cannabis Packaging Manufacturers Ensure Compliance?

As a cannabis packaging box and marijuana packaging box manufacturing plant, we prioritize compliance and discretion. Here are some key considerations for manufacturers:

• Child-Resistant Packaging: Utilize child-resistant packaging to meet legal requirements and enhance safety. See, for example, our Child Resistant 5 Pack Pre Roll Packaging.
• Discreet Design: Create packaging that doesn’t explicitly advertise the contents. Our Pre roll Packaging is designed with this in mind.
• Clear Labeling: Ensure all packaging includes necessary information, such as net weight, ingredients, and THC content (if applicable), to comply with regulations.
• Material Choice: Select materials that are durable and protect the product during transit, reducing the risk of damage and potential exposure.
• Staying informed: Laws surrounding cannabis are constantly evolving. Regular reviewing the changes will ensure your practices remain compliant.

FAQs

Key Takeaways

• UPS and FedEx can inspect and seize packages without a warrant.
• USPS requires a warrant for mail inspection, but the Postal Inspection Service actively investigates drug-related mail.
• Sending or receiving drugs through the mail is a federal offense with severe penalties.
• If your package is seized, contact a criminal defense attorney immediately.
• Cannabis packaging manufacturers should prioritize compliance, discretion, and clear labeling.
• Even shipping legal hemp and CBD requires careful adherence to regulations.
• Drug dogs can establish probable cause for package searches.
• Ignorance of a package’s contents is not always a successful defense.
• Drug trafficking via mail can have extreme consequences.

By understanding these points, wholesalers, manufacturers, and distributors in the cannabis industry can navigate the complexities of shipping and minimize their legal risks. As your trusted partner in cannabis packaging, we are committed to providing solutions that meet both your business needs and legal requirements.