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penalty for clones in the mail

moonshoes

Member
I know if you get caught with seeds in the mail, you just get a letter from customs and the seeds are taken. What if you are getting unrooted cuttings in the mail and get caught? Is the penalty worse?
 
I think the govt. shouldent really care in the first place, but just pass a law that says no one can breed with other peoples clones unless they preserve it themselves and establish a mother plant. That can produce say 50 clones. And if u use a home made male plant to breed with your own motherplant you cant breed past that genetic pheno unless you keep it in your possession or on your property and dont share the new pheno.
 
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pmorris

Member
I dont know the laws on mailing clones. but dont mail clones using ups or fedex because they are privately owned and can open suspicious packages.. send them usps because they need a federal warrent to open mail.
 
pmorris said:
send them usps because they need a federal warrent to open mail.


NO they don't.

There is a loophole that allows postal officials to open packages...


"...No letter of such a class of domestic origin shall be
opened except under authority of a search warrant authorized by law, or
by an officer or employee of the Postal Service for the sole purpose of
determining an address at which the letter can be delivered
, or pursuant
to the authorization of the addressee..."

39 U.S.C. 3623(d)
 
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inflorescence

Active member
Veteran
420inprogress said:
NO they don't.

They have the same authority as Customs in opening packages.

I thought first class crossing no borders (intrastate) needed a warrant?

Borders on the other hand??

Let me just say that borders are the death of constitutional rights.
So many people get fucked by the fact that you basically lose ALL constitutional rights crossing borders, wether it be in person or in a package.
 
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pmorris

Member
420inprogress said:
NO they don't.

There is a loophole that allows postal officials to open packages...


"...No letter of such a class of domestic origin shall be
opened except under authority of a search warrant authorized by law, or
by an officer or employee of the Postal Service for the sole purpose of
determining an address at which the letter can be delivered
, or pursuant
to the authorization of the addressee..."

39 U.S.C. 3623(d)

Correct me if i am wrong but basically they cant open your package if there is an address on it ? so... if there is an address on the box and they cant open it... with out a fed warrent or your permission... yea thats not rly a loophole because if it is labeled correctly they cant open....

First class domestic mail may be opened, and the contents
inspected, only (1) with the authorization of the addressee, (2)
pursuant to a valid search warrant authorized by law, or (3) by an
officer or employee of the Postal Service for the sole purpose of
determining an address at which the mail can be delivered.


4. 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. Other classes of mail do not contain private correspondence, and therefore may be opened without a warrant.
 
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pmorris

Member
penalties would be worse because 1.) its a federal offence. 2.) I would think its an automatic trafficing change because you are sending them somewhere + the possession change. And maybe conspiracy to traffic charge... Personally i would rather mail clones to someone they drive with them in my possession. You can by stamps were gloves fake return addy print a label and drop it off in one of those blue usps boxes anywhere... And not have to worry about it comming back to you..
 

WharfRat

Member
4. 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. Other classes of mail do not contain private correspondence, and therefore may be opened without a warrant.[/QUOTE]

So if they can't open first class mail without a warrant why do people sometimes have their seeds confiscated. Or does this rule not apply to mail coming in from another country?
 

inflorescence

Active member
Veteran
WharfRat said:
So if they can't open first class mail without a warrant why do people sometimes have their seeds confiscated. Or does this rule not apply to mail coming in from another country?
inflorescence said:
Let me just say that borders are the death of constitutional rights.
So many people get fucked by the fact that you basically lose ALL constitutional rights crossing borders, wether it be in person or in a package.

---
 

pmorris

Member
customs and usps are separate and have different guide lines.

CBP Authority to Search
CBP officers' border search authority is derived through 19 U.S.C. 1467 and 19 C.F.R. 162.6, which states that all persons, baggage and merchandise arriving in the Customs territory of the United States from places outside thereof are liable to inspection.
 

tuttlebudd

Member
WharfRat said:
4. 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. Other classes of mail do not contain private correspondence, and therefore may be opened without a warrant.

So if they can't open first class mail without a warrant why do people sometimes have their seeds confiscated. Or does this rule not apply to mail coming in from another country?[/QUOTE] THOSE seeds are coming ACROSS the border..99.99% of the time..
tutt
 
Evergreen hit the nail on the head!

If you have a safe addy, then you have nothing to worry about. Hopefully you aren't putting a real name/location on the return address either.

Sender is safe becuse they put false information on the return address, as long as they take proper precautions (gloves ect..)

Reciever is safe because they have total deny-ability (sp haha). The reciever part of the pachage will need to be accurate for proper delivery, but this should be a safe addy. No illegal shit at this place! Not a pipe, nothing! If it comes down to it just deny anything to do with the package and say someone sent it to the wrong person. If initals are used for the recievers information on the package it would make the story more believable...because instead of John Smith it J. Smith leaves more room for error....J.S. even more.

You have dont nothing wrong other than be on the recieving end of a package delivered to you. As long as you aren't caught opening the package and caring for the clones you are all good....

....luck

~edit : To answer the question

I do not know weather or not there are more severe penalty's when dealing with clones vs. seeds, however I would assume you would be harrased more and cops would try to make a bigger deal about it than seeds. My original post just proves the point that in reality a cautious carl can easily avoid any penalty in a situation like this.
 
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SuperToker

Member
i got news for all you constitutional law majors, IT DOESN'T APPLY TO IMMIGRATION AND CUSTOMS ENFORCEMENT in case you didn't notice, they can strip search you coming into the united states just like they can your package.
 

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