Defense in Distributing Drugs by Mail in Texas

Distributing Drugs by Mail in Texas

In one recent year, U.S. Postal Service Postal Inspectors arrested over 2,500 individuals for shipping drugs via the mail. They seized over 150,000 pounds of illegal drugs and approximately $25 million in unlawful proceeds, according to the U.S. Postal Service. Federal law enforcement officials closely monitor the mail service for people who distribute drugs via the United States Postal Service (USPS).

If you’re facing serious criminal charges over allegations of sending unlawfully obtained prescription medications or illegal narcotics through the mail, you need an equally serious defense. Contact Broden & Mickelsen for a free, confidential consultation with an illicit drugs defense attorney to learn how our firm can help you defend yourself against charges involving mailing drugs.

Which Laws Prohibit Distributing Drugs by Mail?

Under USPS regulations, most individuals and organizations may not mail any substances of which federal laws or regulations prohibit distribution. However, the law allows for sending and receiving drugs containing controlled substances through the mail if both the sender and receiver meet strict conditions, including:

  • Having registered with the Drug Enforcement Administration (DEA), or
  • Having obtained an exemption from DEA registration, such as for military, civil defense, or law enforcement personnel

Parties may also send a controlled substance through mail-back programs operating under USPS regulations.

Drug manufacturers, pharmacies, medical practitioners, and other authorized dispensers can also send prescription medications through the mail as permitted by the federal government. Pharmacists and medical practitioners may also mail non-narcotic drugs to patients under their care or non-prescription medications.

Finally, people may use the mail to return prescription drugs as part of a drug recall, manufacturer withdrawal, or dispensing error.

How Are Drugs Found in the Mail?

Detecting illegal or unlawfully shipped drugs in the mail falls to the responsibility of the U.S. Postal Inspection Service, which oversees postal inspectors. Postal inspectors are sworn federal law enforcement officers with the authority to obtain and serve warrants or subpoenas, make arrests, and seize property as allowed by law.

First-class letters and parcels deposited into the mail enjoy the protections of the Fourth Amendment, which prohibits opening any closed container without a search warrant supported by probable cause. The law does not consider most other mailings private correspondence, entitling postal inspectors to open letters or packages without a warrant.

Today, the USPS uses various methods to detect drugs in the mail, including drug-detection canines, X-ray machines, and chemical-detecting devices in mail sorting and distribution facilities. Other shipping companies like FedEx, UPS, and DHL also scan packages to detect potentially dangerous or illegal items.

Potential Penalties for Distributing Controlled Substances by Mail

Sending a large amount of drugs through the post office may be considered drug trafficking. It is illegal under federal law to manufacture, distribute, dispense, or possess a controlled substance with the intent to do any of the acts above.

Federal drug trafficking convictions carry much harsher penalties than similar offenses under state law. Penalties for distributing drugs through the mail will vary based on the type of substance and quantity of drugs involved.

Penalties for distributing 500 to 4999 grams of cocaine, 28 to 279 grams of cocaine base, 40 to 399 grams of fentanyl, ten to 99 grams of fentanyl analog, 100 to 999 grams of heroin, one to nine grams of LSD, five to 49 grams of pure methamphetamine, 50 to 499 grams of methamphetamine mixture, ten to 99 grams of pure PCP, or 100 to 999 grams of PCP mixture include:

  • First offense: Five to 40 years in prison, or if distribution results in severe injury or death, 20 years to life
  • Second offense: Ten years to life, or if distribution results in severe injury or death, life imprisonment

Penalties for distributing five kilograms or more of cocaine, 280 grams or more of cocaine base, 400 grams or more of fentanyl, 100 grams or more of fentanyl analog, one kilogram or more of heroin, ten grams or more of LSD, 50 grams or more of pure methamphetamine, 500 grams or more of methamphetamine mixture, 100 grams or more of pure PCP, or one kilogram or more of PCP mixture include:

  • First offense: Ten years to life in prison, or if distribution results in severe injury or death, 20 years to life
  • Second offense: 20 years to life, or if distribution results in severe injury or death, life imprisonment
  • Third or subsequent offense: Life imprisonment

Although some states have legalized medicinal or recreational marijuana, sending marijuana through the mail remains a criminal offense under federal law, carrying penalties that include:

  • Less than 50 kilograms of marijuana or one to 49 marijuana plants: Minimum five years in prison for a first offense, minimum ten years for a second offense
  • 50 to 99 kilograms of marijuana or 50 to 99 marijuana plants: Minimum 20-year sentence for a first offense, or if distribution results in severe injury or death, 20 years to life; minimum 30-year sentence for a second offense, or if distribution results in severe injury or death, life imprisonment
  • 100 to 999 kilograms of marijuana or marijuana plants: Five to 40 years, or if distribution results in severe injury or death, 20 years to life for a first offense; ten years to life for a second offense, or if distribution results in severe injury or death, life imprisonment
  • 1,000 or more kilograms or plants: Ten years to life for a first offense, or if distribution results in severe injury or death, 20 years to life; 20 years to life for a second offense, or if distribution results in severe injury or death, life imprisonment

A third or subsequent conviction carries a mandatory life sentence without the possibility of parole or release. Federal convictions for drug distribution may also result in severe fines ranging from hundreds of thousands of dollars to tens of millions of dollars.

Contact Broden & Mickelsen for a Free, Confidential Consultation to Discuss Your Case

Have you been charged with distributing controlled substances through the mail? If so, you may be facing significant consequences in the event of a conviction. Get the legal help you need to protect your rights, freedom, and future. Broden & Mickelsen are board-certified specialists in criminal law and criminal appellate law by the Texas Board of Legal Specialization, a credential held by only a small percentage of lawyers licensed in Texas and an indication of their knowledge and experience in these areas of the law. Contact us today for a free initial case evaluation with an experienced drug crime attorney to discuss your options for resolving your drug trafficking charges.