Penal Code § 4573 PC makes it a crime to bring a controlled substance into a California jail or state prison. A conviction is a felony (as opposed to a misdemeanor or an infraction).
The following table shows the penalties for taking drugs into a detention facility:
| PC 4573 |
California Sentence |
| Incarceration | 2, 3, or 4 years in jail |
| Fines | Up to $10,000 |
| Probation | 3 to 5 years |
The language of the code section reads as follows:
4573. (a) Except when otherwise authorized by law, or when authorized by the person in charge of the prison or other institution referred to in this section or by an officer of the institution empowered by the person in charge of the institution to give the authorization, any person, who knowingly brings or sends into, or knowingly assists in bringing into, or sending into, any state prison, prison road camp, prison forestry camp, or other prison camp or prison farm or any other place where prisoners of the state are located under the custody of prison officials, officers or employees, or into any county, city and county, or city jail, road camp, farm or other place where prisoners or inmates are located under custody of any sheriff, chief of police, peace officer, probation officer or employees, or within the grounds belonging to the institution, any controlled substance, 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 a controlled substance, is guilty of a felony punishable by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years.
Our California criminal defense attorneys will explain the following in this article:
1. Elements
The elements of the crime of bringing controlled substances into jail or prison are spelled out in California Jury Instruction “CALCRIM” 2749. For you to be convicted of violating Penal Code 4573, prosecutors must prove the following four elements beyond a reasonable doubt.
- You unlawfully brought in a controlled substance into a penal institution;
- You knew that you were bringing drugs into a penal institution;
- You knew of the substance’s nature or character as a controlled substance; and
- The controlled substance was a usable amount.1
A “controlled substance” is a drug or chemical whose manufacture, possession and use are regulated by the government under the United States “Controlled Substances Act.” Examples include:
- cocaine,
- heroin, and
- oxycodone.
Common defendants in these cases are jail visitors trying to sneak drugs to inmates. PC 4573 also applies if you have been arrested and then tried to smuggle drugs into your jail.2
Example: Helen is arrested for soliciting prostitution in L.A. Helen knows she has an MDMA pill hidden in her bra. When Helen gets booked, the jail official finds the pill during the strip search. Since Helen knowingly tried to sneak drugs into jail, she faces a PC 4573 charge in addition to the prostitution charge that got her arrested.
2. Defenses
Here at Shouse Law Group, we have represented literally thousands of people charged with drug crimes, including bringing drugs into detention facilities in violation of PC 4573. In our experience, the following defenses have proven very effective with prosecutors, judges, and juries.
You Had Authorization
You committed no crime by taking drugs into a jail/prison if you were authorized to do so by the person in charge of the facility.
We have used this defense when family members got permission ahead of time from the facility to bring in prescription medications for their loved ones, and the staff on duty at the time of the visit did not know this and wrongly arrested them.
You Had No Knowledge
Perhaps the drugs were for you, and you simply forgot they were in your pocket or in your bag. Or perhaps someone who wanted to get you into trouble planted the drugs on you.
Claiming you had no knowledge of the drugs is our strongest defense because prosecutors have no way of getting inside your head to know what you were thinking. It is difficult for prosecutors to prove beyond a reasonable doubt that you knew you had drugs, especially if there is no evidence indicating your intentions.
There Was No Controlled Substance
We have had cases where concerned family members brought into jails Tylenol, antibiotics, melatonin, and other non-narcotic drugs. Although this is against the rules, it is not a violation of PC 4573 because the drugs were not controlled substances.
A violation of this law can result in jail time
3. Penalties
Bringing in drugs to a jail or prison is a California felony punishable by incarceration for:
- two years,
- three years, or
- four years.3
In lieu of jail time, a judge may grant you felony/formal probation.
4. Related Crimes
Bringing Contraband into a Jail or Prison – PC 4573.5
Penal Code 4573.5 PC makes it a crime to bring contraband into a jail or prison knowingly.4 “Contraband” means:
- alcohol, and/or,
- a drug that is not a “controlled substance.”5
A violation of PC 4573.5 is charged as a felony. The offense is punishable by up to three years in state prison.6
Alcohol at a Public Educational Facility – BPC 25608
Business and Professions Code 25608 makes it a crime to bring alcohol into a public schoolhouse, or on the grounds of the same.
A violation of BPC 25608 is a misdemeanor.7 The crime carries:
- imprisonment in the county jail for up to six months; and/or,
- a maximum fine of $1,000.8
Possession of a Controlled Substance – HSC 11350
Health and Safety Code 11350 HS prohibits possessing certain controlled substances without a valid prescription.
A violation of HSC 11350 is usually a misdemeanor, carrying:
- up to a year in county jail; and/or,
- a fine of up to $1,000.9
Bringing Alcohol into a Penal Institution – BPC 25603
Business and Professions Code 25603 makes it a crime to bring any alcoholic beverage into a penal institution.
A violation of BPC 25603 is charged as a felony, carrying:
- imprisonment in county jail for up to three years, and/or
- a maximum fine of $10,000.10
Unlawful Communications with an Inmate – PC 4570
Penal Code 4570 makes it a misdemeanor to communicate with an inmate without the warden’s permission unlawfully. Penalties for violating PC 4570 include:
- up to six months in county jail; and/or
- a fine of up to $1,000.11
Possession of a Controlled Substance in a Jail or Prison – PC 4573.6
Penal Code 4573.6 makes it a felony to possess drugs in a jail or prison knowingly. Penalties for violating PC 4573.6 include incarceration for two, three, or four years.12
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.
Legal References:
- California Penal Code 4573. California Jury Instructions CALCRIM No. 2749.
- People v. Gastello (2010) 49 Cal. 4th 395, 232 P.3d 650 (“the statute applies to someone who has a controlled substance in his possession when arrested for another crime, and who knowingly and voluntarily brings the drugs into jail when booked pursuant to that arrest.”). See also People v. Blanco (Cal. App. 4th Dist. 2021), 61 Cal. App. 5th 278; People v. Noyan (Cal. App. 3d Dist. 2014), 232 Cal. App. 4th 657; People v. Low (Cal. 2010), 49 Cal. 4th 372.
- See same.
- California Penal Code 4573.5 PC.
- See same.
- See same. See also Penal Code 18 PC.
- California Business and Professions Code 25608 BPC.
- See same.
- California Health and Safety Code 11350 HSC.
- Business and Professions Code 25603.
- Penal Code 4570.
- Penal Code 4573.6.