In an age when almost anything can be delivered right to your doorstep, many people find themselves wondering “why not drugs?” Although ordering drugs in the mail is a surprisingly common practice, it isn’t exactly legal in Texas, and we understand that you may have questions. Does the USPS check for drugs? What does the USPS do if they find drugs? If I’m convicted, what is the penalty for receiving drugs in the mail?
We’ll get to all of these in time, but we can tell you up top that penalties for receiving drugs in the mail can be steep. In Texas, receiving drugs through the mail is typically charged as drug possession under the Texas Controlled Substances Act. The severity of that drug possession charge will depend on the type and amount of drugs that show up in your mailbox, but the real complicating factor is this: since mail is involved, you could face federal charges for using the U.S. Postal Service to distribute controlled substances.
If you or a loved one has been accused of drug possession, call Houston drug lawyer Mark Thiessen of Thiessen Law Firm today at (713) 864-9000 or contact us online and take the first step in defending your life.
Does the USPS check for drugs?
While it may surprise you, the answer is yes, the United States Postal Service does check for drugs. The USPS takes drug trafficking very seriously, and employs multiple methods to detect illegal substances in the mail. The USPS has its own law enforcement arm, the U.S. Postal Inspection Service, which works alongside other federal agencies like the DEA to identify and intercept suspicious packages.
They use a handful of different detection methods, which include drug-sniffing dogs, X-ray screening, and surveillance of suspicious shipping patterns. Postal inspectors can also obtain search warrants to open packages if they have reasonable suspicion of illegal content.
What does the USPS do if they find drugs?
When postal inspectors discover drugs in the mail, they don’t simply seize the package and move on. Instead, they launch an investigation that often involves controlled deliveries — where law enforcement allows the package to be delivered while monitoring the recipient. This tactic helps them identify more people involved in the drug trafficking operation before they show their hand. Once they witness the package (or more often, packages) being accepted, they can obtain search warrants and make arrests, often leading to possession of a controlled substance in Texas charges.
The legal consequences are severe at both state and federal levels. At the state level, cases are prosecuted under the Texas Controlled Substances Act. Federal prosecutors may also get involved since the U.S. mail system was used, potentially leading to additional charges for drug trafficking and mail fraud.
Federal cases typically carry harsher sentences with mandatory minimums and fewer options for plea deals. Law enforcement agencies often work together in these cases, sharing evidence and resources to build the strongest possible case against suspects.
Continue reading: Is Xanax a controlled substance in Texas? And how much cocaine is a felony?
Potential penalties for receiving controlled substances by mail
When drugs are discovered in the mail, prosecutors can pursue charges at both the state and federal level. These parallel prosecutions mean you could face penalties in both court systems, potentially leading to consecutive sentences.
The specific charges and penalties you face will depend on factors like the type and amount of drugs involved, your criminal history, and whether prosecutors believe you were involved in drug trafficking but you can expect the following charges for possession of a controlled substance at a minimum:
Possession of Penalty Group 1 substances
Penalty Group 1 includes some of the most heavily regulated substances such as cocaine, heroin, methamphetamine, ketamine, oxycodone, opium extracts, and methadone.
| Weight | Fine (up to) | Prison/Jail Time |
| Less than 1g | $10,000 | 180 days – 2 years |
| 1g – 4g | $10,000 | 2 – 10 years |
| 4g – 200g | $10,000 | 2 – 20 years |
| 200g – 400g | $100,000 | 5 – 99 years |
| 400g or more | $100,000 | 10 – 99 years |
Possession of Penalty Group 1-A substances
Penalty Group 1-A specifically addresses LSD (lysergic acid diethylamide) and all of its variants and forms.
| Dosage Units | Fine (up to) | Prison/Jail Time |
| Less than 20 | $10,000 | 180 days – 2 years |
| 20 – 80 | $10,000 | 2 – 10 years |
| 80 – 4,000 | $10,000 | 5 – 99 years |
| 4,000 – 8,000 | $10,000 | 15 – 99 years |
| 8,000 or more | $250,000 | 15 – 99 years |
Possession of Penalty Group 2 substances
Penalty Group 2 includes substances such as ecstasy, PCP (phencyclidine), mescaline, and marinol.
| Weight | Fine (up to) | Prison/Jail Time |
| Less than 1g | $10,000 | 180 days – 2 years |
| 1g – 4g | $10,000 | 2 – 10 years |
| 4g – 400g | $10,000 | 5 – 20 years |
| 400g or more | $50,000 | 5 – 99 years |
Possession of Penalty Group 2-A substances
Penalty Group 2-A covers THC and cannabinol derivatives. Marijuana possession is charged as a class B state misdemeanor in Texas, at minimum and they get more serious from there.
| Weight | Fine (up to) | Prison/Jail Time |
| Less than 2 oz | $2,000 | Up to 180 days |
| 2 oz – 4 oz | $4,000 | Up to 1 year |
| 4 oz – 5 lbs | $10,000 | 180 days – 2 years |
| 5 lbs – 50 lbs | $10,000 | 2 – 10 years |
| 50 lbs – 2,000 lbs | $10,000 | 2 – 20 years |
| 2,000 lbs or more | $50,000 | 5 – 99 years |
Possession of Penalty Group 3 substances
Penalty Group 3 includes prescription medications like valium, xanax, ritalin, clonazepam, salvia, and hydrocodone (less than 300 mg).
| Weight | Fine (up to) | Prison/Jail Time |
| Less than 28g | $4,000 | Up to 1 year |
| 28g – 200g | $10,000 | 2 – 10 years |
| 200g – 400g | $10,000 | 5 – 20 years |
| 400g or more | $50,000 | 5 – 99 years |
Possession of Penalty Group 4 substances
Penalty Group 4 includes substances such as morphine, motofen, buprenorphine (an opioid), and pyrovalerone.
| Weight | Fine (up to) | Prison/Jail Time |
| Less than 28g | $2,000 | Up to 180 days |
| 28g – 200g | $10,000 | 2 – 10 years |
| 200g – 400g | $10,000 | 5 – 20 years |
| 400g or more | $50,000 | 5 – 99 years |
Additional consequences
Beyond fines and jail time, a drug possession conviction can lead to severe long-term consequences that affect many aspects of your life:
- Loss of professional licenses
- Difficulty finding employment
- Trouble getting housing
- Loss of federal financial aid
- Denial of college admission
- Loss of voting rights
- Immigration consequences
- Child custody issues
- Travel restrictions
- Difficulty obtaining loans
- Loss of firearm rights
The consequences of a mail-related drug charge can haunt you for years to come and the prosecution will use every resource at their disposal to secure a conviction, which is why having a skilled defense attorney can make all the difference in your case.
FAQs about receiving drugs in the mail
Can you send medicine in the mail?
Mailing prescription drugs is only legal in specific circumstances, such as when shipping between licensed pharmacies or returning medication to manufacturers. While legitimate prescription delivery services exist, sending controlled substances or prescription medications without proper authorization is illegal and can result in serious federal charges.
What happens if drugs are found in a package?
When postal inspectors discover drugs in a package, they typically launch a controlled delivery operation where they monitor the delivery and arrest the recipient upon acceptance. This can lead to both state and federal charges, as using the postal service for drug distribution is a serious federal offense that often results in mandatory minimum sentences.
Can you go to jail for posting drugs?
Yes, mailing drugs or receiving them through the mail can result in significant jail time at both the state and federal level. Drug trafficking through the mail is considered a serious felony offense, carrying potential sentences ranging from two years to life in prison, depending on the type and quantity of drugs involved.
Can you be charged with drug possession after the fact?
The statute of limitations in Texas for drug possession is two years for misdemeanor charges and three years for felony charges. You can still be charged during this period even if you’re no longer in possession of the drugs — an occurrence that is relatively common, as law enforcement can build a case using evidence like surveillance footage, witness statements, or postal records to pursue charges after the fact.
Hire a lawyer who knows how to get a drug possession charge dismissed from Thiessen Law Firm
Whether you have priors or you’re facing first-time offender drug trafficking punishment, the penalty for receiving drugs in the mail can devastate your future, with consequences ranging from hefty fines to decades in prison. Don’t want a drug possession charge to define the rest of your life? Hiring the right attorney can make all the difference.
At Thiessen Law Firm, our experienced defense attorneys have a proven track record of fighting drug charges and protecting our clients’ rights. We understand the complex interplay between state and federal drug laws, and we know how to challenge evidence, question search procedures, and build strong defenses for our clients.
Take the first step toward protecting your freedom. Contact Thiessen Law Firm today at (713) 864-9000 or contact us online for a confidential consultation.
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