QUESTION
What are the penalties for receiving marijuana in the mail?
Asked on Sep 12th, 2011 on Criminal Law - Texas
More details to this question:
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?
17 ANSWERS
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.
Answered on Sep 15th, 2011 at 4:15 PM
Michael J. Breczinski
A fair bit since postal laws are under Federal law.
Answered on Sep 15th, 2011 at 9:33 AM
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.
Answered on Sep 14th, 2011 at 2:37 PM
Roianne Houlton Conner
If she is charged in federal court she could receive a substantial sentence.
Answered on Sep 14th, 2011 at 2:04 PM
Steven D. Dunnings
If she was using the U.S. mail, she is in serious trouble and looking at being prosecuted by the Federal Government.
Answered on Sep 14th, 2011 at 1:04 PM
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.
Answered on Sep 14th, 2011 at 12:59 PM
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Austin Legal Services, PLC
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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.
Answered on Sep 14th, 2011 at 12:58 PM
Daniel Kieth 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.
Answered on Sep 14th, 2011 at 12:22 PM
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Cynthia Henley
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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.
Answered on Sep 14th, 2011 at 12:01 PM
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Freeborn Law Offices P.S.
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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.
Answered on Sep 14th, 2011 at 11:00 AM
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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.
Answered on Sep 14th, 2011 at 7:53 AM
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Law Offices of Scott G. Hilderman PC
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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.
Answered on Sep 14th, 2011 at 7:34 AM
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Thomas J. Tomko, Attorney at Law
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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.
Answered on Sep 14th, 2011 at 7:33 AM
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.
Answered on Sep 14th, 2011 at 6:11 AM
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.
Answered on Sep 14th, 2011 at 5:24 AM
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Dennis Roberts A Professional Corporation
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Does she have a medical recommendation. Otherwise she is in not terribly serious trouble.
Answered on Sep 13th, 2011 at 3:50 PM
The penalties in terms of state law are generally the same as possessing marijuana.
Answered on Sep 13th, 2011 at 3:39 PM