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Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 26859
Experience:  Active member of the NYS bar since 1989
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If a person bought 100.00 of marijuana legally in Colorado

Customer Question

If a person bought 100.00 of marijuana legally in Colorado and then mailed it to a friend in California who received it and has used it, are there any possible legal repercussions for the person sending it at this time?
Submitted: 1 year ago.
Category: Legal
Expert:  Zoey, JD replied 1 year ago.

Hello,

Marijuana is a schedule I controlled substance under Federal law. Placing the marijuana in the mail and sending it to your friend in California could subject you, if you are caught to a Federal drug trafficking charge.

Is this a hypothetical or was the contraband discovered and confiscated before it got to your friend in California?

Customer: replied 1 year ago.
Hi Zoey,
It was received fine, used and no longer exists so I don't see how there could be any liability of any sort but that's what I'm trying to make sure. Another word for substance in question no longer exists.Thanks
Rick
Expert:  Zoey, JD replied 1 year ago.

Generally what would happen is that some drug sniffing dog in a postal facility picks up the scent and then a sting is set up where the carrier who delivers the package is actually an undercover officer. They bust the receiver for possession and then go after the seller. That didn't happen.

I can't guarantee that you are 100% free from criminal liability. What I can say is that the government wouldn't generally let the package go through if they were aware of its contents, because as you pointed out, the evidence would be and was destroyed. It's still possible, however, though unlikely, that they did spot the shipment and decided to get a warrant and establish a long-term surveillance operation of your activities instead.

With that in mind, what you did was very unwise and is a Federal offense. Whether you use the mail or some other carrier, you are putting a controlled substance into the stream of US commerce and risking Federal trafficking charges. I've answered many questions here from people whose packages were intercepted by drug sniffing dogs and represented my share of clients who were arrested during a parcel delivery sting under these circumstances.

So be careful and have a happy new year.

Customer: replied 1 year ago.
My question is not answered quite yet. This is the first time I ever did this in my life and the last time. It's a one-time occurrence so I'm only asking about my liability for having done this one time. Is there any liability possible for this one incident given the substance was received, no longer exits and I neither own, possess or use such a substance now or in the future?
Expert:  Zoey, JD replied 1 year ago.

As what you purchased and sent was received without incident and no longer exists, there would be no liability with regard to that transaction.