Mailed 3lbs edibles. Will I be prosecuted?

[FreeMind]

I'm in California. Baked many goods some for personal use which had marijuana, some to give away, without. I sent the cannabis infused food to friend, in FL, accidentally in mail. It was seized by law enforcement, and they sent a letter. My address, not my legal name. Used my bank card to make postal purchase at USPS. They will have video also at USPS.
Will local / federal law enforcement prosecute? How long do I generally have? I do have medical marijuana card. My main concern is my babies. Have 2. No family here, cannot have them taken away!!!!!! They are everything.

 

[Just Blue]

I'm in California. Baked many goods some for personal use which had marijuana, some to give away, without. I sent the cannabis infused food to friend, in FL, accidentally in mail. It was seized by law enforcement, and they sent a letter. My address, not my legal name. Used my bank card to make postal purchase at USPS. They will have video also at USPS.
Will local / federal law enforcement prosecute? How long do I generally have? I do have medical marijuana card. My main concern is my babies. Have 2. No family here, cannot have them taken away!!!!!! They are everything.

Curious. How does one "accidentally" mail 3 lbs of pot brownies across country? BTW...If your children are so important to you...Stop dealing drugs.

 

[quincy]

I'm in California. Baked many goods some for personal use which had marijuana, some to give away, without. I sent the cannabis infused food to friend, in FL, accidentally in mail. It was seized by law enforcement, and they sent a letter. My address, not my legal name. Used my bank card to make postal purchase at USPS. They will have video also at USPS.
Will local / federal law enforcement prosecute? How long do I generally have? I do have medical marijuana card. My main concern is my babies. Have 2. No family here, cannot have them taken away!!!!!! They are everything.

Yes, you can be prosecuted. You should not speak to law enforcement officers if questioned. Instead, you should exercise your right to remain silent and immediately hire an attorney.

YouTube has a video titled "Don't Talk to the Police." We have provided a link to this video many times on this site so you can search for it here or search for it online. It is worth viewing.

Here is a link to the federal laws and the penalties for violating them: http://norml.org/laws/item/federal-penalties-2

Good luck.

 

[Zigner]

Why do you think we would know if you'll be prosecuted.

If you are contacted by any law enforcement personnel, tell them you would rather not say anything without your lawyer being present.

 

[not2cleverRed]

I will only observe that having a medical marijuana card does not help you.

Marijuana is still illegal, on the federal level, and federal law trumps state laws when you are transporting things over state lines.

The medical marijuana card is for *your* medical purposes. It is not for redistribution. Redistributing *your* medical marijuana is akin to giving another person your prescription drugs.

Because you have done this "many" times, and done so over state lines, you could be in a bit of trouble at the federal level. Stop posting on forums and get a lawyer.

 

[HighwayMan]

Will local / federal law enforcement prosecute?

Yes, and you will be executed by firing squad on the Monday morning following your arrest.

My main concern is my babies.

Obviously not if you're dealing drugs through the mail. Your main concern is apparently YOU.

 

[FlyingRon]

It's illegal to mail marijuana no matter how legal it is otherwise. That's your first problem. Similarly, it's illegal to mail alcohol even though it's near universally legal.

Further, what you did (as previously mentioned) is called DISTRIBUTION under both Florida and California laws. You can be charged in either place for that as well as Federally. The medical marijuana laws of neither state permit you to do what you did. Further, your interstate shipment makes you afoul of federal law as well. Federally it's a felony. In Florida, it's a felony if over 20g (and you didn't take any money). In California, it's a misdemeanor if over an ounce or you took money.

Furhter you have jeopardized the recipient (or whoever received the package if it got that far) and made them subject to possession charges.

You should KEEP YOUR MOUTH SHUT and stop dealing in drugs. If charges come (or you are arrested or otherwise coerced by law enforcement) refuse to speak to anybody until you have an attorney.

 

[paddywakk]

I'm in California. Baked many goods some for personal use which had marijuana, some to give away, without. I sent the cannabis infused food to friend, in FL, accidentally in mail. It was seized by law enforcement, and they sent a letter. My address, not my legal name. Used my bank card to make postal purchase at USPS. They will have video also at USPS.
Will local / federal law enforcement prosecute? How long do I generally have? I do have medical marijuana card. My main concern is my babies. Have 2. No family here, cannot have them taken away!!!!!! They are everything.

Any 18 year old with two feet can walk in and get a medical marijuana card in CA.

 

[Just Blue]

Any 18 year old with two feet can walk in and get a medical marijuana card in CA.

Perhaps. But what does that have to do with OP mailing it (USPS) to FL?

 

[FlyingRon]

Any 18 year old with two feet can walk in and get a medical marijuana card in CA.

So? It's a permit in California to cosume and produce for your own consumption. It's not a license to become an interstate drug dealer.

 

[adjusterjack]

My main concern is my babies. Have 2. No family here, cannot have them taken away!!!!!! They are everything.

Don't worry, they will be placed in a good home while you are in prison. They will become "everything" to their new family.

 

[Mass_Shyster]

I'm in California. Baked many goods some for personal use which had marijuana, some to give away, without. I sent the cannabis infused food to friend, in FL, accidentally in mail. It was seized by law enforcement, and they sent a letter. My address, not my legal name. Used my bank card to make postal purchase at USPS. They will have video also at USPS.
Will local / federal law enforcement prosecute? How long do I generally have? I do have medical marijuana card. My main concern is my babies. Have 2. No family here, cannot have them taken away!!!!!! They are everything.

My GUESS is that if you keep your mouth shut, you will not be prosecuted. I doubt they have enough evidence to convict, and the Feds don't bring charges unless they have enough evidence to convict.

 

[quincy]

My GUESS is that if you keep your mouth shut, you will not be prosecuted. I doubt they have enough evidence to convict, and the Feds don't bring charges unless they have enough evidence to convict.

The return address on the package and the postal purchase using a bank card is pretty good evidence, I would think.

But I agree that maintaining silence will be FreeMind's best chance of escaping charges.

 

[Mass_Shyster]

The return address on the package and the postal purchase using a bank card is pretty good evidence, I would think.

Anybody can write whatever they want in the return address area of a package.
Anybody can use anybody else's bank card.

A video may be compelling evidence that OP mailed SOME package. Was that the same package that was found with drugs? How many people had access to that package between the time it was dropped at the post office and opened by law enforcement? Is there some evidence linking the bank card to a specific package?

That all adds up to reasonable doubt. The Feds do not prosecute where reasonable doubt exists. I could see the local police bringing a case like this, but not the Feds.

There does not appear to be any evidence of payment for the drugs, so the charge would only be possession (per your earlier links - I did not verify).

It would take a lot of effort to investigate and prosecute this case. A simple "HEY STUPID - DON'T DO THAT - WE ARE WATCHING" letter may be the end of it.

 

[FlyingRon]

As I said, it's clearly illegal and you could be charged in either state or federally. If they'd have let it be delivered they could have arrested your friend (which is frequently how such play out) but it sounds like the USPS interdicted it before it got to be delivered. First, you can obviously blow off getting it back. People do get federally prosecuted for this. How it gets played out remains to be seen. Keep your mouth shut and cross yoru fingers.