About Registration & Distribution:
The period for registration under list 1 chemicals which is used in the manufacture of controlled substances, is for not less than one year and not more than 3 years. Someone registered by the Attorney General can manufacture, distribute, or send controlled substances. If not, you will face sending drugs through the mail penalty.
Under list 1 chemicals, there are some exceptions to the possession of a controlled substance. The exceptions to the requirements to register with the DEA are as follows:
An employee or agent acting through employment for a registered manufacturer, distributor, or dispenser.
A carrier or employee in a warehouse who is in possession of these drugs as a part of their employment.
The user who possesses the controlled substance for his or her own use, a household, an animal owned by the individual or the household.
Under the regulations, the Attorney General may waive registration for certain manufacturers, distributors or dispensers if it is related to public health and safety. Who is qualified to make that decision? You should check with the Attorney General’s office to determine if there is sending drugs through the mail penalty.
Can An Online Pharmacy Apply For Registration?
Yes, an online pharmacy may qualify to register. They should clearly display a declaration of compliance with Section 831 posted on their homepage. The homepage must have a hyperlink to the page containing specific information about the pharmacy including their address, contact information, licensing, etc.
Will I Be In Charged If I Ship Edibles?
Yes, but it depends on the substance and quantity to determine the punishment. If the substance is marijuana alone and weighs less than 50 kilograms, you could receive up to 5 years imprisonment and up to a $250,000 fine. The judgment may impose a supervised release of at least 2 years in addition to imprisonment.
So, yes. If you are caught by UPS, FedEx, or USPS, the package will be handed over to an investigator. This falls under the 21 USC Section 841 Prohibited Act. If you knowingly or intentionally distribute a controlled substance, you will be charged.
If you have a previous conviction for distribution, the punishment will double to 10 years and a fine of $500,000. The judgment will include at least 4 years of supervised release in addition to the imprisonment.
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Understanding The Drug Distribution Statute Of Limitations:
Many people get very nervous and worry if they are going to get in trouble for something they may have done a very long time ago. That includes mailing marijuana a very long time ago. Keep in mind, the threat of prosecution decreases if the package was never detected. In most cases, an investigation will more likely to target bigger more frequent mailing operations. In most cases, a small, one-time successful shipment will probably not set off alarms for an investigation.
The Statute of Limitations for a non-capital offense is 5 years which would include the shipping of marijuana. The statute of limitations can be longer depending on the substance or drug being shipped. Each subsection of the law is different and should be read to understand the specifications.
Can I Be Charged With A Crime For Receiving Illegal Drugs In The Mail?
There is a Latin term that means “guilty mind”, Mens Rea. This is the mental state of a person’s intention to commit a crime. There are 4 recognized mental states: Reckless, Negligent, Intent, and Knowledge.
Each statue should be looked at closely to discover the mental state involved. In some provinces, if a mental state is not assigned, it will probably apply the reckless mental state. This could apply if you mailed the drugs to yourself or it’s been traced to someone you know. In some cases, the package went through the mail without being detected but is being tracked under surveillance to see what you plan on doing with it. In general, this is probably very unlikely if it’s a very small amount.
What If I Mail Prescription Drugs?
The bottom line, it’s illegal to mail prescription drugs but is legal if you have the proper licensing. Keep in mind, you are not allowed to mail your loved one medications they accidentally left behind when they visited you. Even if you are mailing a legal prescription medication to yourself, there is absolutely no exception to the law. You would think that in this day and age, legislators would be able to figure out exceptions with some of these cases.