This is about shipping, if someone thinks it belongs in a different category feel free to move it.
I always assumed the post office could open any mail, domestic or international. But its not true.
“4. Can Postal Inspectors open mail if they feel it may contain something illegal?
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. If there is probable cause to believe the contents of a First-Class letter or parcel violate federal law, Postal Inspectors can obtain a search warrant to open the mailpiece. Other classes of mail do not contain private correspondence, and therefore may be opened without a warrant.”
Basically they cant open most 1st class mail unless probable cause. I wonder if coming from a legal state and going to an illegal state is enough probable cause?
The USPS is federal. I’m pretty sure all marijuana activity through the USPS is considered “illegal”. I don’t think it would matter at all about the state laws, being that the federal government says no to it all. Idk though just my two cents. I’ve personally never had a problem state to state. Only when it comes through customs. And really then only when it came through customs in Chicago.
If you are talking about seeds, they have never been illegal for interstate shipping as far as I’m aware (despite state law as
to the legality of cultivation). If it is something else, something that would be illegal to possess on a person, then I’d think twice about mailing it.
Also note the wording, “cannot be opened without a search warrant”. But, they could be sniffed, x-rayed, irradiated, etc while, theoretically, not being allowed to open without a warrant.
But, as the other posters have noted, the government doesn’t always follow the letter of the law. Parallel construction, etc…
If it looks like a regular piece of mail it will be treated like a regular piece of mail. USPS handles over a billion pieces of mail a year, they don’t have time or the resources to start screening mail.
I do have a lot of experience with shipping international and domestic, i just wanted to learn more and have a good conversation about it. Ive always just assumed the worse nand was kind of surprised by them not searching 1st class mail that is domestic,
It seems if they’re interested in you for one reason or another, they could attempt to establish probable cause and obtain a warrant to open a package. Until a warrant is obtained they are not allowed to physically open a package. Notice that this applies to the USPS and does not apply to third party carriers such as Fedex of UPS.
Restated from OP, https://postalinspectors.uspis.gov/contactus/faq.aspx
“4. Can Postal Inspectors open mail if they feel it may contain something illegal?
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. If there is probable cause to believe the contents of a First-Class letter or parcel violate federal law, Postal Inspectors can obtain a search warrant to open the mailpiece. Other classes of mail do not contain private correspondence, and therefore may be opened without a warrant.”
I do not know what the bar to successfully establishing probably cause is, could be difficult or could be easy. Reading some case law might provide some insight into this. However, wide latitude of discretion is generally given to the government while in pursuit of carrying out it’s duties. They do not always play by the rules and, as such, may take extraordinary steps to establish probable cause or generate a rationale to search the contents of a piece of mail. This could include mechanisms that provide insight into a package contents non-destructively such as x-ray. That being said, if a mail piece is undergoing this level of scrutiny, I would think that they have already keyed in on some sort of pattern of activity that is of interest to them.
Yea, this is a good point. Along with your note, I was doing some reading and may need to walk back my earlier statement. It seems to be a bit more of a gray area than I first assumed (thc content, etc).
mail carriers are some of the biggest drug traffickers in the world. you’d be surprised how much moves through the mail, even very large quantities of hard drugs. cannabis flower double vacuum sealed and in a box on its own without even a visual barrier would probably make it over 95% of the time (domestic).
if it’s seeds you really have nothing to worry about even intl. even if they find it majority of the time you’ll just receive a love letter in the mail from customs saying they confiscated it, unless it’s thousands of seeds or something.
Had a friend that just retired from the post office, as a postmaster. I asked him about it, over a bowl one night. Federal law applies to USPS, even intrastate. No part of the cannabis plant, leaves, flower or even stems, can be legally sent. Believe it, or not, this also applies to private carriers (UPS, Fedex, DHL, etc) as well as freight companies. It is eve illegal to transport any part of the cannabis plant, on your person, from one state to another, EVEN IF both states have legalized for recreational use (CA to NV). Bringing it from one MMJ state to another is also illegal, but state law also applies as only residents are eligible for MMJ. Have Cannabis on you, on a plane, and get caught, Kiss yo azz goobuy. There are about a dozen statutes that cover that. Long story short… welcome to the wonderful world of “Schedule 1”
And whoever said that they needed a warrant, is correct. But, envelopes “sometimes” get torn in the machinery and packages “somtimes” split open. Look at that… no warrant needed.
No doubt. The shear volume of mail means there is a minuscule chance of getting even a second look. Here is the advice I was given.
Use a standard size envelope - This include “normal” size card
If you can’t keep it “thin” put it in a box - The machines they use will only allow a bit thicker than 1/8. Any mail that won’t fit (it tossed from the line) is done by hand (sorta). The less “hand time” a piece of mail gets, the better. If you have to use a box, choose one at or near the dimension of “USPS” boxes. They get sorted by a machine as well. Again, the more machine time…
DO NOT USE PADDED ENVELOPES - Padded envelopes say "I am something special… notice me.
Make you envelope as uniform as possible - whatever you put seeds in, make sure the whole envelope is the same (or close) width. No Bulges!!! If need be, cut 2 pcs of cardboard the size of the envelope and sandwich.
The thing I am told, is that most PO employees don’t WANT to single stuff out. They are not living to “catch you in the act.” The problem if it’s noticeable they will and they HAVE to.
I wouldnt put it past them to drop it and “accidently” put a tear in the package so they can peek inside.
I do know customs or border patrol has spectrometers that can basically see through anything and tell you what its made of. But its not something that’s cost effective for domestic packages.
The average PO doesn’t have a spectrometer available. Even most of the distribution centers do not have them. Any letter/package that is “unusual” or suspicious is routed to a inspection station for further processing or investigation.
The average PO worker does not want to “go out of their way” to find something wrong. They are already overworked and reporting suspicious parcels only increases that workload. As long as you keep it as “normal” as possible, it will get passed through.
International is a whole different situation, and a REALLY long dialog.
Unquestionably. Law enforcement repeatedly breaks the law or violates when it suits them. Nobody holds them accountable. If they can bust into someone’s house without a warrant, murder peaceful, unarmed citizens in their own homes and get away with it, you can be damn sure they can get away with just about anything else too. If law enforcement decides they want to put you in jail, they’ll find a way to do it.
That being said, first class mail is probably the best option. No other carrier or class of mail has the same protections that first class is “supposed” to have. Not that it’s any guaranteed assurance… But like I was saying, we have no guarantees about anything anyway. That’s just life under an oppressive government.
