California Penal Code § 4573.6 PC prohibits possessing controlled substances in prison, jail, or anywhere else that inmates are in custody. Knowingly having drugs in a prison or jail is a felony punishable by up to four years in county jail.
The full language of 4573.6 PC reads:
(a) Any person who knowingly has in his or her possession in any state prison, prison road camp, prison forestry camp, or other prison camp or prison farm or any place where prisoners of the state are located under the custody of prison officials, officers, or employees, or in any county, city and county, or city jail, road camp, farm, or any place or institution, where prisoners or inmates are being held under the custody of any sheriff, chief of police, peace officer, probation officer, or employees, or within the grounds belonging to any jail, road camp, farm, place or institution, any controlled substances, the possession of which is prohibited by Division 10 (commencing with Section 11000) of the Health and Safety Code, any device, contrivance, instrument, or paraphernalia intended to be used for unlawfully injecting or consuming controlled substances, without being authorized to so possess the same by the rules of the Department of Corrections, rules of the prison or jail, institution, camp, farm or place, or by the specific authorization of the warden, superintendent, jailer, or other person in charge of the prison, jail, institution, camp, farm or place, is guilty of a felony punishable by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years.
(b) The prohibitions and sanctions addressed in this section shall be clearly and prominently posted outside of, and at the entrance to, the grounds of all detention facilities under the jurisdiction of, or operated by, the state or any city, county, or city and county.
Marijuana remains illegal to possess in California detention facilities.
Legal Analysis
California Penal Code 4573.6 PC forbids knowingly possessing controlled substances or drug paraphernalia in any of the following ten locations:
- state prison,
- prison road camp,
- prison forestry camp,
- other prison camp,
- prison farm,
- any place where prisoners of the state are in custody,
- county or city jail,
- county or city road camp,
- county or city farm, or
- any place or institution where city or county inmates are in custody.
Penal Code 4573.6 PC is meant to deter jail and prison visitors and custodial employees from carrying drugs with them to the facility.
Example: Ethan, who is stressed from his job as a prison guard at California State Prison in Los Angeles County, snorts cocaine in the employees’ bathroom. If caught, Ethan could be prosecuted under 4573.6 PC for knowingly having controlled substances in a detention center.
Knowingly possessing drugs or drug paraphernalia where prisoners are is a felony in California. The punishment includes a county jail term of:
- 2 years,
- 3 years, or
- 4 years.1
Violating 4573.6 PC is a felony carrying 2, 3, or 4 years behind bars.
Frequently-Asked-Questions
What is Penal Code § 4573.6 PC?
Penal Code § 4573.6 PC makes it a felony in California to knowingly possess controlled substances or drug paraphernalia within the confines of a state prison, county jail, or any other place where prisoners are under custody.
Who can be charged?
Penal Code 4573.6 PC can apply to inmates, visitors, correctional officers, or any other person who knowingly possesses controlled substances or drug paraphernalia in a prohibited correctional facility.
What locations are covered?
Penal Code 4573.6 PC covers state prisons, prison road camps, prison forestry camps, other prison camps or farms, and any county, city and county, or city jail, or any place where prisoners are located under custody.
What are “controlled substances”?
“Controlled substances” refer to drugs listed in the California Health and Safety Code, including both illegal street drugs (like heroin, cocaine, methamphetamine) and certain prescription medications that are not authorized for possession.
Does it matter how much of the drug I have?
Yes, the prosecution must prove you possessed a “usable amount” of the controlled substance. Trace amounts or residue that cannot be consumed or used as intended may not be enough to convict you.
What does “knowingly” mean?
With regard to possessing drugs, “knowingly” means you:
- were aware that you had the controlled substance or paraphernalia in your possession and
- knew its nature or character as a controlled substance.
What are the penalties for violating 4573.6 PC?
A California felony, violating 4573.6 PC carries two, three, or four years in jail. In some cases, probation may be granted instead of jail time.
What if I have a valid prescription for the drug?
Generally, having a valid prescription is a defense if you are authorized to possess the drug by the facility’s rules or a person in charge. However, strict rules apply to bringing medications into correctional facilities.
Is possessing cannabis in prison still a crime after Proposition 64?
Yes. Even after Proposition 64 legalized adult recreational marijuana use in California, possessing any in state prisons or county jails remains a felony under 4573.6 PC.
What if someone else put the drugs on me without my knowledge?
If you genuinely did not know the drugs were in your possession, this can be a strong defense. The prosecution must prove beyond a reasonable doubt that you “knowingly” possessed them.
Are there “No Drugs” signs posted at correctional facilities?
Yes, California law requires that the prohibitions and penalties of 4573.6 PC be posted outside of, and at the entrance to, the grounds of all detention facilities.
What about drug paraphernalia?
Penal Code 4573.6 PC also prohibits the possession in jails/prisons of any
- device,
- contrivance,
- instrument, or
- paraphernalia
meant for injecting or consuming controlled substances.
How does 4573.6 PC differ from 4573 PC?
Penal Code 4573.6 PC focuses on the possession of controlled substances within a penal institution. Meanwhile, 4573 PC pertains to bringing or sending controlled substances into a penal institution. Both are felonies in California.
Possessing controlled substances in a detention facility is against California law.
Additional Reading
For more in-depth information, refer to these scholarly articles:
- Prison Contraband: Prevalence, Impacts, and Interdiction Strategies – Corrections.
- The Voluntary Act Requirement in Prison Contraband Cases – St. Louis University Law Journal.
- The Sociology of Contraband: Examining the Correlates of Illicit Drugs, Cellphones, and Weapons in U.S. Prisons – The Prison Journal.
- Smoke ‘Em if You Got ‘Em: Cigarette Black Markets in U.S. Prisons and Jails – The Prison Journal.
- Drugs in Prison: A Break in the Pathway – Substance Use & Misuse.
See our related article, bringing contraband into jail and prison (4573.5 PC).
Legal References
- California Penal Code 4573.6 PC – Possession of controlled substances in place where prisoners are in custody; Punishment; Posting of prohibitions. See also: People v. Polk (Cal. App. 4th Dist. 2019) 36 Cal.App.5th 340; People v. Berg (Cal. App. 6th Dist. 2018) 23 Cal. App. 5th 959.