Even if you’re in a state where cannabis is legal, cannabis is still illegal under federal law. This means that, no, you cannot legally mail weed, regardless of its state-level legality.
Yet, it happens anyway. Leafly, a cannabis educational platform, found that in 2019, the U.S. Postal Service seized 93,651 pounds of weed.
Although cannabis is set to be rescheduled from a Schedule I substance to Schedule III, its current classification requires USPS to adhere to strict federal law. That means that sending marijuana through the U.S. mail is considered drug trafficking, and can lead to a maximum fine of $250,000 and the possibility of jail time. For example, mailing under 50 grams of cannabis could result in five years in federal prison; a number that increases with the amount of marijuana found.
Under the Fourth Amendment, first-class letters and packages cannot be searched or seized without a search warrant. This typically protects items mailed via USPS from being seized and searched without consent. However, if suspicions arise, a search warrant can be obtained.
Over time, more protocols have been put into place. In 2016, USPS established the Administrative Non-Mailability Protocol program, which does not require warrants to open a detained parcel. Instead, ANP requests consent to open the package. If there is no response after 21 days, the package is considered abandoned and can therefore be opened. If a “nonmailable” item is found, the items are seized and thrown away.
In an audit report from 2020, USPS noted that “due to this process, the Postal Inspection Service has determined that abandoned packages are not used as evidence in criminal investigations; however, information about the packages, such as an address, may be used to support new or ongoing criminal investigations. This program was established primarily to remove marijuana from the mailstream.”
But private shipping companies, like UPS and FedEx, do not have to follow such guidelines, and can inspect packages at their discretion. No warrant needed. In fact, in 1976, the Supreme Court established the Third-Party Doctrine, which codified the ruling that any information voluntarily given to a third party has no “reasonable expectation for privacy.” Therefore, packages sent through private mail carriers can be opened and inspected if any suspicions arise.
Hemp and other Delta-8 derived products, provided they comply with state and federal guidelines, can be mailed. This is due to the 2018 Farm Bill, which legalized hemp-derived products, provided they contain no more than 0.3% THC.
However, this gets tricky when it comes to CBD or Delta-8 vape cartridges. In 2020, an uptick in teenagers consuming flavored vape products was cause for concern. The Centers for Disease Control and Prevention found that more than half of middle and high school-aged students who had used tobacco within 30 days were choosing flavored tobacco products. The CDC also found that most teenagers who used tobacco were insurmountably pressured, by peers and media, to try vaping.
Thus, USPS was required to establish regulations for mailing electronic nicotine delivery systems (ENDS). Under federal law, ENDS are defined as “any electronic device that, through an aerosolized solution, delivers nicotine, flavor or any other substance to the user inhaling from the device.” The vague phrasing of “any other substance” pushed USPS to include cannabis, hemp and CBD as nonmailable. And even for third-party carriers, the mailing of CBD and hemp products intended for vaping is prohibited.
Though weed might be legal where you are, the federal consequences of a trafficking charge are still palpably life-changing. So, play it safe. Don’t mail weed.
