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Legally-Blunt

Posted by Meital Manzuri, Esq. | Jan 20, 2017 | 7 Comments

As the California legal marijuana marketplace grows, both sellers and consumers are increasingly wondering if it is possible to legally mail marijuana within the United States. The answer is a simple and resounding no. Importantly, this holds true regardless of whether the shipment origin or destination have laws legalizing marijuana. Let’s understand why.

Under the federal Controlled Substances Act, cannabis is a Schedule I drug. Schedule 1 controlled substances are those which, in the opinion of the United States government have a high potential for abuse and no currently accepted medical use.

And when it comes to our country’s mail delivery services, federal law trumps all other laws of the land. As a result, mailing marijuana is illegal across all modes of mail delivery. This includes private carriers such as FedEx and UPS as well as the United States Postal Service (USPS).

Marijuana and the United States Postal Service

Using USPS

Because the USPS is a federal government agency, it must strictly obey federal guidelines. Using the United States Postal Service to mail weed — even within the territorial limits of California (a pot-legal state) — is a felony under 18 U.S. Code 1716.

However, as U.S. postal workers are federal government employees, they need a warrant based on probable cause in order to search a package for drugs. According to the U.S. Postal Inspection Service, “first class letters and parcels are protected against search and seizure under the Fourth Amendment to the Constitution, and as such, cannot be opened without a search warrant.”

Since the USPS offers some protection against search and seizure, it can understandably seem to be the safest way to ship marijuana. However, if a package seems suspicious, the USPS can get a search warrant. While this might seem like an acceptable risk, the punishment for mailing drugs through the U.S. mail can include up to a year in federal prison and a fine of up to $250,000.

Using UPS or FedEx to Ship Marijuana

Using Third-Party Carriers

Unlike the USPS, private third-party carriers – such as UPS, FedEx and DHL – are not federal agencies. As such, they do not even have to obtain a warrant to search a suspicious package.

Indeed, the Supreme Court has ruled that giving your package to a third-party “removes any reasonable expectation of privacy.” This means that private carriers have the right to open and inspect any package at their own discretion.

Furthermore, large private carriers have affirmed over and over again their willingness to cooperate with federal law enforcement in cracking down on illegal drug trafficking via mail.

For example, in 2014 FedEx was indicted for conspiracy to distribute controlled substances by transporting illegal painkillers and other prescription drugs. And in 2013, UPS paid $40 million to settle a federal probe into shipping drugs from illegal online pharmacies. Though neither of these cases involved cannabis, it shows how big the incentive is for private carriers such as UPS and FedEx to monitor packages for illegal drugs.

Risks of Shipping Weed by Mail

There risks of mailing marijuana are significant. For one thing, you can be charged under either federal law or the law of the state in which the cannabis shipment originated or the state to which it was delivered. Furthermore, charges will be compounded for interstate trafficking as well as based on the quantity of the marijuana. And under federal guidelines, mailing as little as 50 grams or less of marijuana can land in the federal penitentiary for up to five years.

Worsening matters, USPS and private carriers’ employees are offered a “reward” of up to $50,000 for information leading to convictions of persons mailing illegal substances. Even if you are only the recipient of the package, if you knowingly receive marijuana in the mail, your participation in the shipment is enough for you to be charged with conspiracy to distribute an illegal substance.

In sum, postal services are not drug mules. With the rise in the number of states legalizing marijuana, the DEA is now more than ever keeping a close eye on the shipment of packages across the country.

Yes — it is possible to transport your marijuana via mail. It happens every day and people get away with it. But remember, you’re playing the odds. The best advice we can give our clients is not to use the mail to ship your pot. At the very least, mail no more than 28 grams – California’s limit on recreational marijuana possession – and only within the borders of California.

Disclaimer: This article has been prepared and published for informational purposes only and is not offered, nor should be construed, as legal advice.

Legally-Blunt Posted by Meital Manzuri, Esq. | Jan 20, 2017 | 7 Comments As the California legal marijuana marketplace grows, both sellers and consumers are increasingly wondering if it is

Service Guide Amendments

Important information regarding changes to FedEx В® В services and terms and conditions, since the publication of the FedEx Service Guide (Effective June 25, 2018), Canadian Edition and the FedEx International Premium в„ў and FedEx В® В International Express Freight Terms & Conditions are detailed below. Except as amended, modified or supplemented by the following, the FedEx Service Guide and the FedEx International Premium в„ў and FedEx В® В International Express Freight Terms & Conditions shall remain in full force and effect.

Please use the links below to access recent amendments.

  • FedEx International Premium and FedEx International Express Freight Terms and Conditions
    • Amendment No. 1
      В
  • FedEx Express Terms and Conditions
    • Amendment No. 1
    • Amendment No. 2
    • Amendment No. 3
      В
  • FedEx Ground Terms and Conditions
    • Amendment No. 1
    • Amendment No. 2
    • Amendment No. 3

Amendment No. 1: FedEx International Premium and FedEx International Express Freight Terms and Conditions

Effective November 1, 2011, the FedEx International Premium в„ў and FedEx В® В International Express Freight Terms and Conditions will be amended as follows:

Section 10 of the FedEx International Premium в„ў and FedEx В® В International Express Freight Terms and ConditionsВ is amended as follows:

FedEx International Premium is a time-definite, high priority freight service for shipments of all sizes and weights with a Money-Back Guarantee. (See the Money-Back Guarantee section in these Terms and Conditions).

FedEx International Premium is a time-definite, high priority freight service for shipments of all sizes and weights to major world markets.

Section 32 of the of FedEx International Premium в„ў and FedEx В® В International Express Freight Terms & ConditionsВ is amended and removed in its entirety.

Amendment No. 1: FedEx Express Terms and Conditions

Effective July 5, 2019, the FedEx Service Guide (Canadian Edition, Effective June 25, 2018) is amended as follows:

Page 18, FedEx Express Packaging Options

References to the “FedEx ® Pak made from Tyvek ® polyethylene” are deleted.
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Amendment No. 2: FedEx Express Terms & Conditions

Effective December 6, 2019, the FedEx Service Guide (Canadian Edition, Effective June 25, 2018) is amended as follows:В

Dimensional Weight (Volumetric Weight)

FedEx may, at any time during the carriage of the shipment, assess additional transportation charges based on dimensional weight, which is a volumetric standard. Dimensional weight pricing is applicable on a per-package basis. For intra-Canada and international packages, dimensional weight is calculated by multiplying length x height x width of a package and dividing by 139 cubic inches per pound (if multiplied in inches) or by 5,000 cubic centimetres per kilogram (if multiplied in centimetres). If the result exceeds the actual weight, charges may be assessed based on the dimensional weight.

Dimensional Weight (Volumetric Weight)

Transportation charges may be based on dimensional weight, which is a volumetric standard. Dimensional weight pricing is applicable on a per-package basis. If the dimensional weight exceeds the actual weight, charges based on the dimensional weight may be assessed. Customers who fail to apply the dimensional-weight calculation to a package may be assessed dimensional weight charges from FedEx. See the Dimensional Weight description in the FedEx Express Rate Guide for additional details.

Page 49, Restrictions (International)

The following new item is added as a restricted item listed in subparagraph (l):

  • Vaping products and accessories.

Page 50, Restrictions (International)

  • Cannabis or marijuana, including cannabis or marijuana intended for recreational or medicinal use, cannabis seeds, plants, resin or any of their derivatives, and synthetic cannabinoids.
  • Cannabis or marijuana, including cannabis or marijuana intended for recreational or medicinal use, cannabis seeds, plants, resin or any of their derivatives, and synthetic cannabinoids, and cannabis accessories.

Page 50, Restrictions (Intra-Canada)

The following new item is added as a restricted item listed in subparagraph (i):

  • Vaping products and accessories.

Page 51, Restrictions (Intra-Canada)

  • Cannabis or marijuana, including cannabis or marijuana intended for recreational or medicinal use, cannabis seeds, plants, resin or any of their derivatives, and synthetic cannabinoids.
  • Cannabis or marijuana, including cannabis or marijuana intended for recreational or medicinal use, cannabis seeds, plants, resin or any of their derivatives, and synthetic cannabinoids, and cannabis accessories.

Page 52, Undeliverable Shipments

(a) If a shipment is undeliverable for any reason, we may attempt to notify the shipper to arrange for the return of the shipment if local customs or other governmental regulations allow. If the shipper cannot be contacted within five (5) business days, we may place the shipment in a general order warehouse or a customs-bonded warehouse or will dispose of the shipment. In any event, if an undeliverable shipment cannot be delivered or returned or if the shipment contains perishable commodities, the shipment may be transferred or disposed of by FedEx in its discretion and at any location, with or without notice. Shipper, if known, agrees to pay any costs incurred and indemnify FedEx for any damages.

(a) If a shipment is undeliverable for any reason, we may attempt to notify the shipper to arrange for the return of the shipment if local customs or other governmental regulations allow. If the shipper cannot be contacted within five (5) business days, we may place the shipment in a general order warehouse or a customs-bonded warehouse or will dispose of the shipment. В FedEx reserves the right, at its sole discretion, and without notice, to sell, destroy or otherwise dispose of undeliverable shipments. By tendering a shipment, the shipper agrees to transfer and convey good and sufficient title of the contents of undeliverable shipments to FedEx, and agrees to pay any costs incurred in returning, storing or in the sale, destruction or disposal thereof.

Amendment No. 3: FedEx Service Guide

Effective September 28, 2020, the FedEx Service Guide (Canadian Edition, Effective June 25, 2018) is amended as follows:

Page 2, Our Services at a Glance

The service description for FedEx International Priority В® service is replaced with the following:

  • 10:30 a.m. next business day to businesses in most areas in the U.S. and by noon, 4:30 p.m. or 5 p.m. to residences and businesses in some rural areas.
  • 1 to 3 business days to rest of world

Page 10, International Services

The service description for FedEx International Priority В® service is replaced with the following:

Our most popular international service provides customs-cleared, door-to-door delivery to more than 220 countries and territories. Packages up to 150 lbs. (68 kg) are delivered by 10:30 a.m. the next business day to businesses in most areas in the U.S. and by noon, 4:30 p.m. or 5 p.m. to U.S. residences and businesses in some rural areas, to major cities in Europe by noon on the second business day, and in 1 to 3 business days to the rest of the world.*

Import delivery to select Canadian postal codes from more than 220 countries and territories in typically 1 to 3 business days by 10:30 a.m., 12 p.m., 1:30 p.m. or 5 p.m.**†††В

Amendment No. 1: FedEx Ground Terms and Conditions

Effective February 12, 2019,В the FedEx Service Guide (Canadian Edition, Effective June 25, 2018) is amended as follows:

Page 61, Pickup and Delivery Service

(a) Pickup Service

Charges for pickup service shall apply in addition to the rates set forth in this FedEx Service Guide in effect at the time of shipment. Upon payment of the applicable pickup service charge, FedEx Ground will call at the premises of qualified shippers, once each business day, to pick up packages for delivery.

(a) Pickup Service

Charges for pickup service shall apply in addition to the rates set forth in this FedEx Service Guide in effect at the time of shipment. Upon payment of the applicable pickup service charge, FedEx Ground will call at the premises of qualified shippers once each business day, if required, to pick up packages for delivery.

Amendment No. 2: FedEx Ground Terms and Conditions

Effective December 6, 2019, the FedEx Service Guide (Canadian Edition, Effective June 25, 2018) is amended as follows:В

Dimensional Weight (Volumetric Weight)

Transportation charges may be assessed based on dimensional weight, which is a volumetric standard. Dimensional-weight pricing is applicable on a per-package basis. For intra-Canada packages, dimensional weight is calculated by multiplying length by width by height of each package and dividing it by 166 cubic inches per pound (if multiplied in inches) or by 6,000 cubic centimetres per kilogram (if multiplied in centimetres). For packages shipped from Canada to the U.S., dimensional weight is calculated by multiplying length by width by height of each package and dividing by 139 cubic inches per pound (if multiplied in inches) or by 5,000 cubic centimetres per kilogram (if multiplied in centimetres). See the Dimensional Weight description in the FedEx Ground Rate Guide for additional details. If the dimensional weight exceeds the actual weight, charges based on the dimensional weight will be assessed. If the actual weight or dimensional weight exceeds 150 lbs. (68 kg) then the prorated per-pound rate will be used. For more information on unauthorized packages and applicable fees, please refer to the FedEx Ground Rate Guide. FedEx Ground reserves the right to modify or amend the Dimensional Weight standard without notice.

Dimensional Weight (Volumetric Weight)

Transportation charges may be assessed based on dimensional weight, which is a volumetric standard. Dimensional-weight pricing is applicable on a per-package basis. If the dimensional weight exceeds the actual weight, charges based on the dimensional weight may be assessed. Customers who fail to apply the dimensional-weight calculation to a package may be assessed dimensional-weight charges from FedEx. See the Dimensional Weight description in the FedEx Ground Rate Guide for additional details.

Page 60, FedEx Money-Back Guarantee, Limitations

The following additional item is added to the end of the Limitations section:

10. If the package is placed in a FedEx Drop Box, the delivery commitment for application of the money-back guarantee will be extended by 1 business day.

Page 60, FedEx Money-Back Guarantee, Exceptions

5. The package was not picked up by FedEx Ground at the shipper’s location or at a FedEx Ship Centre, FedEx Authorized ShipCentre, or FedEx OnSite location before the location’s regular scheduled pickup time.

5. The package was not picked up by FedEx Ground at the shipper’s location or at a FedEx Ship Centre, FedEx Authorized ShipCentre, FedEx OnSite location or FedEx Drop Box before the location’s regular scheduled pickup time. If a package is accepted by FedEx Ground after a location’s regular scheduled pickup time, an additional transit day may be added to the scheduled delivery date.

Page 60, FedEx Money-Back Guarantee, Exceptions

9. A charge for additional handling or address correction applied; see FedEx Ground Rates for details.

10. The package was deemed by FedEx Ground to be unauthorized.

9. The package met the definitions for additional handling, address correction, oversize or unauthorized. See the FedEx Ground Rate Guide for additional details.

Page 60, Package Restrictions (Size and Weight)

**Note: These packages are unauthorized and may be refused or returned to the shipper. However, at FedEx Ground’s sole discretion, they may be accepted and delivered.

**Note: These packages are unauthorized and may be refused,returned to the shipper or disposed of by FedEx Ground. However, at FedEx Ground’s sole discretion, they may be accepted and delivered. In the event of disposal, the shipper, if known, agrees to pay any costs incurred in the disposal.

The following items are added under the heading “The following items are prohibited for shipment from Canada to the U.S.”:

  • Prescription drugs (personal and commercial), regardless of whether shipments have met the requirements set by other government agencies, or are exempt from applicable requirements.
  • Goods requiring an export license or any type of export authorization, including any agreements or license exceptions/exemptions, regardless of value. This includes, but is not limited to:
    • Any articles which require a U.S. Department of State import licence or a Canadian Export Permit.
    • Any shipment moving under an A.T.A. carnet.
    • Any goods subject to applicable Kimberley Process Clean Diamond trade regulations.

The following items are removed under the heading “The following items are prohibited from shipment within Canada and to the U.S.”:

  • Any articles which require a U.S. Department of State import licence or a Canadian Export Permit.
  • Any shipment moving under an A.T.A. carnet.

Page 62, Prohibited Items

  • Cannabis or marijuana, including cannabis or marijuana intended for recreational or medicinal use, cannabis seeds, plants, resin or any of their derivatives, and synthetic cannabinoids.
  • Cannabis or marijuana, including cannabis or marijuana intended for recreational or medicinal use, cannabis seeds, plants, resin or any of their derivatives, and synthetic cannabinoids, and cannabis accessories.

Page 62, Prohibited Items

The following new items are added as prohibited from shipment within Canada and to the U.S.:

Liquid mercury, in any quantity, not contained as a necessary component in any product or piece of equipment in its original manufactured state.

Vaping products and accessories.

Page 63, Refusal or Rejection of Shipments

FedEx Ground reserves the right to refuse to transport and return any package or shipment that it, in its sole discretion, determines to be dangerous, hazardous, unsafe or unlawful to transport, or likely to soil, taint or otherwise damage other shippers’ property or FedEx Ground’s equipment, personnel or contractors, or is improperly or insecurely packaged or wrapped, or is economically or operationally impracticable to transport. Packages must be packaged and wrapped so as to pass the procedures described in the “Packaging and Marking” section covering testing of the packaged products weighing under 150 lbs. (68 kg). Shipper agrees not to tender any packages containing hazardous materials or dangerous goods for shipment, with the exception of “consumer commodities” and “limited quantities” as defined, labelled and packaged in accordance with the Transportation of Dangerous Goods Act and Regulations for domestic shipments within Canada.

FedEx Ground reserves the right to refuse to transport unauthorized packages and any package or shipment that it, in its sole discretion, determines to be dangerous, hazardous, unsafe or unlawful to transport, or likely to soil, taint or otherwise damage other shippers’ property or FedEx Ground’s equipment, personnel or contractors, or is improperly or insecurely packaged or wrapped, or is economically or operationally impracticable to transport. Packages must be packaged and wrapped so as to pass the procedures described in the “Packaging and Marking” section covering testing of the packaged products weighing under 150 lbs. (68 kg). Shipper agrees not to tender any packages containing hazardous materials or dangerous goods for shipment, with the exception of “consumer commodities” and “limited quantities” as defined, labelled and packaged in accordance with the Transportation of Dangerous Goods Act and Regulations for domestic shipments within Canada.

Page 63, Undeliverable Shipments

The following item is added to the list of examples of undeliverable shipments:

  • The shipment contains unauthorized packages (see the Package Restrictions [Size and Weight] section).

Page 63, Undeliverable Shipments

(c) If an undeliverable shipment cannot be delivered or returned, or if the shipper or recipient cannot be contacted, or if the shipment contains perishable commodities, the shipment may be transferred or disposed of by FedEx at its sole discretion, with or without notice, and the shipper, if known, agrees to pay any costs incurred in the disposal.

(c) FedEx reserves the right, at its sole discretion, and without notice, to sell, destroy or otherwise dispose of undeliverable shipments. By tendering a shipment, the shipper agrees to transfer and convey good and sufficient title of the contents of undeliverable shipments to FedEx, and agrees to pay any costs incurred in the sale, destruction or disposal thereof.
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Service Guide updates, Service Guide Amendments