Is Mail-Order Weed Legal in Redwood City, CA?
January 8, 2024 | Ahmed & Sukaram, Attorneys at Law
Marijuana is legal for medical and recreational use in California. However, that does not mean you can put some weed in a box and mail it to someone without facing possible legal consequences. Mail-order weed could get you into trouble in Redwood City.
Marijuana Is Illegal Under Federal Laws
Marijuana is listed as a Schedule I substance according to the Controlled Substances Act. Therefore, you cannot legally possess, sell, buy, or grow marijuana under federal law.
Even though you ship marijuana in a state where it is legal, the USPS (United States Postal Service) is a federal agency. You could face numerous drug crimes for mailing marijuana through the post office, including drug trafficking. The penalties for federal drug offenses include lengthy prison sentences and high fines.
The post office must have a warrant to search a package. However, if there is probable cause that a package contains an illegal substance, a judge is likely to grant a search warrant.
Shipping marijuana by third-party carriers is also unwise. Third-party carriers cooperate with federal law enforcement agencies, so your package may not be as safe as you assume. Furthermore, you lose the right to privacy when you give your package to a third-party carrier.
Additionally, California Health and Safety Code §11360 makes it illegal to import into the state, sell, transport for sale, or give away marijuana without having the required license. The offense is a wobbler, depending on the circumstances. Therefore, you could face a misdemeanor or felony charge for mail-order weed without a license.
Is It Safe To Mail Marijuana in Redwood City, CA?
The simple answer is, “No, it is not safe to mail marijuana in Redwood City, CA.” People may do it all the time, but they are taking a chance with the law.
The bottom line is that marijuana is legal to purchase locally in California. You can purchase it from a local licensed dispensary. Check with the dispensary if you need or are interested in home delivery.
Regardless of how you obtain your marijuana, you must follow California marijuana laws. There are restrictions on the use and possession of marijuana within the state. Violating these laws can result in severe penalties.
Marijuana laws that you should know include:
- You must be 21 years or older to legally possess and use marijuana.
- The maximum amount of marijuana you can possess for personal use is 28.5 grams.
- It is illegal to have any amount of marijuana on the grounds of a K-12 school while school is in session.
- You can cultivate up to six marijuana plants for your personal use. Your city may have restrictions on outdoor growth.
- It is illegal to sell marijuana without a state and local license.
- It is a felony for anyone 18 years or older to sell marijuana to a minor.
- It is illegal to drive under the influence of marijuana (i.e., marijuana DUI).
There are many marijuana laws that could result in being charged with drug crimes. If you want to use marijuana for recreational purposes or you have a prescription for medical marijuana, it is essential you understand the law and follow changes to the law.
What Should I Do if I Am Arrested on Marijuana Charges in Redwood City, CA?
It can be easy to make a mistake now that marijuana is legal for recreational use in California. You may believe you are complying with the law while using recreational marijuana. Unfortunately, the officer who stops you is unlikely to care that you made an honest mistake.
If you are arrested for marijuana crimes, don’t panic. Also, don’t resist arrest. Resisting arrest because you believe the arrest is unlawful can be dangerous and result in additional criminal charges.
Instead, ask for your lawyer and stop talking. You have the right to remain quiet, and you should.
The police will not release you after hearing your side of the story. Furthermore, the more you say, the more evidence you give the prosecutor to use against you.
Being arrested on drug charges is frightening, but it is not the end of the world. There are many defenses to drug crimes that an experienced Redwood City drug crime lawyer can use in your defense.
Sometimes, you might qualify for alternative sentencing for a drug diversion program. The sooner you speak with an attorney, the better for your case.
Never assume marijuana charges are minor criminal offenses. Depending on the circumstances, you could be facing a felony drug charge. Seek legal advice promptly after a drug arrest to protect your rights.
Contact our Criminal Defense Law Firm of Ahmed & Sukaram Today For Help
For more information please contact our Criminal Defense law firm of Ahmed & Sukaram, Attorneys at Law at the nearest location for a free consultation.
Ahmed & Sukaram, Attorneys at Law – San Jose Office
1625 The Alameda, Suite 405
San Jose, CA 95126
Ahmed & Sukaram, Attorneys at Law – Redwood City Office
600 Allerton St Suite 201G
Redwood City, CA 94063