Appeal of the Determination on Nonmailability

DAVID SING v. UNITED STATES POSTAL SERVICE

P.S. Docket No. MLB 20-120

APPEARANCE FOR PETITIONER
David Sing, pro se

APPEARANCE FOR RESPONDENT
Julie Hanlon, Esq.
Inspector Attorney

DISMISSAL¹

On May 20, 2020, Priority Mail Express package bearing tracking number EJ048308011US was detained by Postal Inspectors in Little Rock, Arkansas.
On May 21, 2020, notices were sent out to the sender and recipient advising them of the detention.
On or about June 2, 2020, Appellant filed an appeal, stating the contents of the package were “a lunchbox, a bedroom comforter, dryer lent catchers and laundry scent.”  As part of the appeal, the sender provided consent to open the package.
On June 25, 2020, Postal Inspectors opened the package and found glass jars containing a leafy substance with the label “Bassrocks,” a few loose dryer sheets, and scented pellets.  There were no supporting documents describing the contents of the glass jars.  Postal Inspector William Palmeri testified that based upon his research and experience, and his inspection of the contents of the glass jars, he is of the opinion that Bassrocks is a marijuana product.  Inspector Palmeri’s conclusions are not disputed by Appellant.
On August 4, 2020, I issued an Order to Show Cause in which I ordered Appellant to contact my office if he wished to pursue this appeal.  Appellant did not do so and is in default.
The Controlled Substances Act defines “marijuana” to include “all parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds or resin.”  21 U.S.C. § 802(16).  Marijuana is a Schedule I controlled substance.  Id. at § 812.  As I have previously found, marijuana is nonmailable.  See United States Postal Service, Publication 52, Hazardous, Restricted, and Perishable Mail, § 453.31 (Aug. 2017)(“If the distribution of a controlled substance is unlawful under 21 U.S.C. §§ 801–971 or any implementing regulation in 21 CFR Chapter II, then the mailing of the substance is also unlawful under 18 U.S.C. § 1716.”); see also, Sansouci v. United States Postal Service, MLB 18-9, 2018 WL 2045023 (April 13, 2018).
Based on all the information provided by the parties, including the uncontested affidavit of Inspector Palmeri verifying the facts stated in Respondent’s Motion to Dismiss, I find that the contents of the parcel are more likely than not marijuana, and are therefore nonmailable. 
In accordance with 39 CFR § 953.16, Respondent now requests permission to dispose of the seized package in accordance with 39 U.S.C. § 3001(b). 
For the reasons stated, Respondent’s Motion to Dismiss is GRANTED. 
Respondent’s Request for Disposal Order is also GRANTED.

ORDER

The Appeal is DISMISSED.  The Postal Service may dispose of the nonmailable contents of the package in accordance with 39 U.S.C. § 3001(b).

James G. Gilbert
Chief Administrative Law Judge