Nick Lotito & Seth Kirschenbaum

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Is sending marijuana through the mail considered a crime?

According to a CNN report released this month, Alaska will become the latest state to legalize recreational marijuana, bringing the count up to three states that have legalized the use of the drug so far. While some might say that Alaska's decision to legalize marijuana illustrates the changing opinion about the drug, it's important for our Georgia readers to remember one important thing: the drug is still considered illegal here in our state and you can face prosecution if you are caught with it.

Now, we realize that some of our more frequent readers may have friends or family who live in states that have legalized the use of the drug. In some cases, these friends and family members may be tempted to send you some marijuana via the United States Postal Service. If this is the case for you, we suggest you hold that thought because the decision to follow through with this action could mean you or someone you love is breaking federal drug laws.

As you may or may not know, USPS prohibits the sending of mail that contains controlled substances such as marijuana. Because USPS is controlled by the federal government, mailers must adhere to federal laws. And because marijuana is still considered an illegal drug, sending it through the mail could be seen as a violation of the law. This means a person could face serious criminal charges and even prosecution.

If you happen to be reading this post after the fact and are currently facing charges for sending marijuana through the mail then it's important to remember that you do have the right to legal counsel and should do so as soon as possible. With a lawyer's help you have a better chance of understanding the charges against you and how best to protect your rights throughout the course of prosecution as well.

Source: The United States Postal Service, "453 Controlled Substances and Drugs," Accessed Feb. 25, 2015

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Nick Lotito & Seth Kirschenbaum

Former Federal Prosecutors

918 Ponce de Leon Avenue, N.E. Atlanta, GA 30306 Phone: 404-692-5168 Fax: 404-872-1622 Atlanta Law Office Map