No. Michigan residents cannot legally mail weed in the state. Although the state has legalized medical and recreational use, mailing weed is a violation of federal drug law. The Drug Enforcement Authority classifies marijuana as a Schedule I substance since it is unstable and has a high chance of abuse.
The United State Postal Service is a federal government agency that complies with federal law by rejecting parcels containing marijuana. Third-party mailing agencies such as UPS, DHL, and FedEx are also subject to federal law. However, after the 2018 Farm Bill passed, hemp (cannabis with less than 0.3% THC) became legal. Thus, Michigan residents can mail hemp products legally via the USPS or third-party mailing agencies.
Transporting edibles across state lines is a federal offense. Edibles are food products mixed with marijuana, such as brownies, candy, and drinks. Generally, residents should note that several factors, including the following, can influence the punishment for trafficking edibles:
The following are penalties for trafficking edibles (marijuana mixture) according to the DEA’s Resource Guide:
Michigan residents should note that adults are legally allowed to carry up to 15 grams of edibles within the state. Also, adults may transfer up to 15 grams of edibles to another adult if the transfer is non-transactional and is not promoted to the public.
The following are tactics to help get a drug trafficking charge dismissed in Michigan:
Claim the weed was for personal use
Since marijuana is legal in Michigan for medical and recreational purposes, the defense team can claim that the weed was only for personal use. This is especially helpful if the individual is carrying:
Lack of substantial evidence
The defense lawyer can point out that the prosecutor’s evidence is insufficient to justify the accused. The law enforcement team must prove otherwise or lose the case.
Inappropriate means of procuring evidence
Besides presenting substantial evidence, the prosecutors must ensure that evidence procurement is lawful. The court may declare the evidence inadmissible if the defense team can prove the prosecutors obtained it illegally.
Working with the law enforcement agency
In some cases, law enforcement may offer to drop the charges in exchange for the accused person’s cooperation. The prosecution may reduce or drop the charges if the information provided helps uncover more crimes.
According to the Michigan Public Health Code, drug trafficking involves the manufacture, delivery, or possession of a controlled substance with the intent to manufacture, create, or deliver it.
In Michigan, drug trafficking violations are charged as a felony. Convicted individuals may lose certain rights, such as:
The state also categorizes felony convictions into eight classes. Class A felonies are the most severe, punishable by life imprisonment. On the other hand, Class H felonies carry the shortest prison sentence, usually one year. In some cases, a Class H felony may only result in probation.
There are several Michigan government agencies concerned with drug trafficking. These agencies cater to multiple jurisdictions within the state. Some of them are:
Agencies concerned with drug trafficking at the federal level include:
According to a report from the Justice Department, Detroit is the largest and most influential drug market in Michigan. The report also revealed the amount of marijuana seized at the Detroit Port of Entry from 2004-2006:
In Michigan, transporting up to five kilograms of weed is considered trafficking. The Michigan Public Health Code addresses the state's rules and penalties depending on the following factors:
It is helpful to note that the penalties for trafficking other drugs differ from the penalties for trafficking weed. In Michigan, drugs are categorized from Schedule I to Schedule V based on their stability and medical application. While marijuana is a Schedule I drug, others like codeine and ketamine are classified as Schedule III.
Residents should also note that second and subsequent drug trafficking convictions increase applicable penalties. For instance, an individual charged with trafficking Schedule I or II drugs for the third time may face life in prison and a fine of $20,000,000.00.
Below are the penalties for trafficking weed in Michigan:
In Michigan, individuals are advised to obtain a secure transporter license to transport weed. The license is obtainable from the state’s Cannabis Regulatory Agency and costs $25,000.00. According to the agency’s requirements, the following rules apply to marijuana transporters:
Parties should note that Michigan secure transporters must not smoke in moving or parked vehicles. Also, the law considers it illegal to have an open weed container or have a container with a broken seal in the vehicle’s passenger area.