Someone in a legal state said that their package was being held without a clear explanation at an Alabama facility. This is not the first claim like this I have heard. Has this happened to anyone here? Does anyone have any more information or ideas of what people can do if this does happen to them?
post: "Recently, one of my Kratom packages never showed up, and the USPS tracking page showed an alert. USPS has been absolutely awful in delivering my packages on time, so I waited about a week to see if it was delayed, but it still never came in. I drove down to the local post office and explained my problem to them. About ten minutes after I left, I got a phone call from the USPS distribution facility in Mobile AL. The guy said my package was seized due to Kratom being a scheduled substance in Alabama. He acknowledged it was legal in my state, and asked for my permission to check the package to make sure it contained only Kratom. And if so, they would send it to me."
So I did some research and this is the best I could get from official-y enough sources regarding domestic mail and I figure it's a general interest topic.
- tl;dr: It looks like mail in transit is in the custody of The United States Postal Service (USPS), which is a federal entity, subject federal law, and most mail you would be sending and receiving is sealed against inspection and cannot be opened without your consent or a search warrant except under very specific circumstances which I cannot see applying to a package of kratom being sent from one legal state to another (sources).
The United States Postal Service is an independent establishment of the executive branch of the Government of the United States.
According to Jennifer Breslin, senior litigation counsel for the Postal Service:
- In providing mail service across the country, the Postal Service attempts to work within local and state laws and regulations, when feasible...However...the Postal Service enjoys federal immunity from state and local regulation (Feb. 2013).
Whose Mail is It?
A postmark indicates that the piece of mail has been accepted into the custody of the USPS. Once in the custody of the USPS, it is only to be delivered to the person to whom it was directed. After it has been accepted into custody and before it is released for delivery, it can only be intercepted by the recipient. If it is undeliverable, it gets returned to the sender.
Law Enforcement within USPS
The federal law enforcement and security arm of the USPS is the U.S. Postal Inspection Service.
- Postal Inspectors are federal law enforcement officers. § 233.1 Arrest and investigative powers of Postal Inspectors
- Postal Inspectors enforce more than 200 federal laws in investigations of crimes that may adversely affect or fraudulently use the U.S. Mail, the postal system or postal employees.
- This includes controlled substances defined under (21 USC 841, 843 & 844) - also known as Title 21 United States Code (USC) Controlled Substances Act.
Can Postal Inspectors open mail if they feel it may contain something illegal?
- First-Class letters and parcels are protected against search and seizure under the Fourth Amendment to the Constitution, and, as such, cannot be opened without a search warrant. If there is probable cause to believe the contents of a First-Class letter or parcel violate federal law, Postal Inspectors can obtain a search warrant to open the mailpiece.
Being that kratom is not scheduled under the Controlled Substances Act, the most relevant thing I could find was Publication 14 - Prohibtions and Restrictions on Mailing Plants, Animals, and Related Matter
- Priority Mail Express™ service (domestic or international), Priority Mail® service, First–Class Package Service™, or an international letter package [is] sealed against inspection.
- the package displays on its exterior the sender's statement that it may be opened for inspection
- the agricultural inspector telephones the addressee or sender, obtains his or her consent to open the package and examine its contents, and certifies on a form submitted to the Postal Inspection Service that such consent was obtained.
- when neither of the foregoing types of authorization to open and examine is available, a federal search warrant is obtained based on probable cause to believe that the contents of the package will evidence violation of the marking requirement of the Terminal Inspection Act.
What is My Recourse?
Here's the best I could find:
Contact: doublemherbals [at] gmail.com
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