Mailing Drugs in Texas

Shipping drugs through the mail is not only illegal—it’s a crime that comes with harsh penalties in Texas. As online shopping and parcel deliveries continue to surge, law enforcement agencies have ramped up their efforts to track and intercept suspicious packages. Drug-related parcel seizures have increased significantly in recent years, making it more important than ever to understand how these laws work.

Whether you’re facing accusations or simply want to stay informed, this guide provides a clear, detailed overview of what you need to know.

Sending or Receiving Drugs Through Mail Explained

When drugs are sent through the United States Postal Service (USPS), the crime falls under federal jurisdiction because USPS is a government service. Under the Controlled Substances Act (21 U.S.C. § 841), it is illegal to distribute controlled substances, such as marijuana, methamphetamine, cocaine, heroin, or prescription painkillers like fentanyl, without authorization. Additionally, Texas Penal Code § 481 addresses offenses related to the delivery, possession, and distribution of illegal substances within the state. Whether using USPS, FedEx, or UPS, shipping illegal drugs can lead to prosecution under both state and federal law.

How Are Drugs Detected in the Mail?

Shipping drugs through the mail may seem less risky than conducting in-person transactions. However, it’s important to understand that law enforcement agencies are actively monitoring postal services for illegal substances. The U.S. Postal Inspection Service has significantly increased its efforts to detect and intercept such shipments. Between fiscal years 2016 and 2018, there was a 1,000% increase in international parcel seizures and a 750% increase in domestic parcel seizures related to opioids.

These statistics highlight the intensified scrutiny on mailed packages and the substantial risks involved in attempting to ship controlled substances through postal services.

Authorities use several methods to identify packages containing drugs:

1. Drug-Sniffing Dogs: Specially trained dogs can detect the scent of drugs even through sealed packages.
2. Scanning and X-ray Machines: Suspicious parcels are often scanned to identify unusual contents.
3. Profiling: Packages with incorrect labeling, heavy odors, or sent from high-risk locations may draw attention.

Penalties for Shipping Drugs in Texas

Penalties vary based on factors such as the type and quantity of the drug, prior offenses, and whether federal or state charges are pursued. Here’s a breakdown:

• Possession of less than one gram of a controlled substance can result in a state jail felony with penalties of 6 months to 2 years in jail and a fine up to $10,000.

• Trafficking drugs with larger amounts (e.g., over 400 grams) is a first-degree felony, punishable by 10 years to life in prison and fines up to $100,000.

• Federal convictions can result in similar or even harsher sentences, including mandatory minimum prison terms.

Federal vs. State Jurisdiction

Shipping drugs through USPS almost always results in federal charges due to the use of a government service. However, private courier services like FedEx or UPS may lead to state or federal charges depending on the circumstances.

Defenses Against Drug Shipping Charges

If you’re accused of shipping drugs, it’s crucial to explore all potential defenses. Common strategies include:

1. Lack of Knowledge Proving that you didn’t know the package contained drugs can weaken the prosecution’s case.
2. Chain of Custody Issues If the evidence (e.g., intercepted package) was mishandled, it may be inadmissible in court.
3. Illegal Search and Seizure If authorities violated your Fourth Amendment rights by opening a package without a warrant, the evidence may be suppressed.
4. Mistaken Identity Sometimes, individuals are wrongfully implicated, especially in cases involving third-party couriers or stolen identities.

Arrested? Don’t Plea, Call Me!

Facing drug-related charges can be overwhelming, especially when federal and state laws are involved. A single mistake or misunderstanding can have life-altering consequences. But remember—you have the right to a strong defense.

At Texas Criminal Defense Group, our experienced drug defense attorneys are dedicated to fighting for your rights and guiding you every step of the way. Contact us today for a confidential consultation and let us help you build the defense you deserve.