California Penal Code §4573.5 — Bringing Non-Controlled Drugs into Jail
PC §4573.5 punishes knowingly bringing into any jail or prison any drug — other than controlled substances covered by §4573 — including prescription medications, over-the-counter drugs classified as 'drugs' under B&P §4022, and alcoholic beverages, without institutional authorization. §4573.5 is a straight felony punishable by 16 months, 2, or 3 years in state prison. The statute closes the gap left by §4573 for non-scheduled but institution-prohibited substances.
Reviewed by Daniel S. Rubin, CA Bar 302093 · Los Angeles Criminal Defense Attorney · Bringing Non-Controlled Drugs into Jail Cases in All LA County Courts
01 — Quick Facts
PC §4573.5 — Bringing Non-Controlled Drugs into Jail at a Glance
| Fact | Detail |
|---|---|
| Full Name | California Penal Code §4573.5 — Bringing Non-Controlled Drugs into Prison / Jail |
| Code Type | Penal Code (PC) |
| Classification | Straight Felony |
| Penalty | 16 months, 2, or 3 years state prison |
| Fine | Up to $10,000 |
| Moral Turpitude | Yes — CIMT (contraband smuggling) |
| Strike | No |
| Probation | Available in first-offense visitor and staff filings |
| Diversion | PC §1000 unavailable; PC §1001.36 mental-health diversion available |
| Immigration | Deportable — CIMT under 8 USC §1227(a)(2)(A) |
| Free Consultation | (213) 723-2337 — 24/7 |
01 — What Is PC §4573.5?
What Is California Penal Code §4573.5?
PC §4573.5 Reads:
"Any person who knowingly brings into any state prison or other institution referred to in Section 4573, or within the grounds belonging thereto, any drugs, other than controlled substances, in any manner, shape, form, dispenser, or container, or any alcoholic beverage, without having authorization to so bring the substance or beverage into that facility as provided by statute or by rules and regulations of the department, is guilty of a felony punishable by imprisonment in the state prison for 16 months, or two or three years."
— California Penal Code §4573.5
PC §4573.5 fills the space §4573 leaves open. §4573 covers HSC Division 10 controlled substances and drug paraphernalia. §4573.5 covers everything else classified as a 'drug' by B&P §4022 — prescription medications (antibiotics, antihypertensives, prescription-only cough syrups), OTC drugs meeting B&P §4022 criteria, and alcoholic beverages. The knowing-introduction and 'grounds' elements track §4573.
§4573.5 vs §4573
§4573 = HSC-controlled substances + paraphernalia (2, 3, 4 years). §4573.5 = other drugs + alcohol (16 mo, 2, 3 years). The lower triad reflects the reduced harm of non-scheduled substances but retains felony status.
PC §4573 — Controlled + Paraphernalia
2, 3, or 4 years. HSC Div. 10 substances and injection / consumption paraphernalia.
PC §4573.5 — Other Drugs + Alcohol
16 months, 2, or 3 years. Prescription drugs, OTC drugs, alcoholic beverages.
Why §4573.5 Matters
§4573.5 is frequently the plea landing zone for §4573 dismissals — the lower triad reduces custody exposure and eliminates the aggravated-felony immigration risk that attaches to trafficking-type §4573 filings. §4573.5 nonetheless remains a CIMT with licensure and CIMT-removal consequences, and it forecloses PC §1000 diversion.
Official Sources
02 — Elements of the Crime
Elements the Prosecution Must Prove Under PC §4573.5
To convict under PC §4573.5, the prosecution must prove each element beyond a reasonable doubt.
Institutional Location
The introduction must have been into an institution described in §4573 — state prison, jail, camp — or onto its 'grounds.'
A 'Drug' or 'Alcoholic Beverage'
The item must have been a B&P §4022 'drug' (prescription or OTC) or an alcoholic beverage.
Knowing Introduction
The defendant must have knowingly brought the drug into the institution.
Without Authorization
The drug must have been introduced without institutional authorization (medical intake, valid prescription pathway, authorized dispensary).
04 — Penalties
Penalties for PC §4573.5 Bringing Non-Controlled Drugs into Jail in California
PC §4573.5 penalties are as follows.
| Charge | Code | Prison Term | Probation | Strike |
|---|---|---|---|---|
| Bringing Prescription Drug In | PC §4573.5 | 16 months, 2, or 3 years state prison | Available | No |
| Bringing Alcohol In | PC §4573.5 | 16 months, 2, or 3 years state prison | Available | No |
| Fine | PC §4573.5 / §672 | Up to $10,000 | Additional to custody | N/A |
| Attempted Introduction | PC §4573.5 / §664 | Half the completed-offense term | Available | No |
Related Charges Frequently Filed with §4573.5
PC §4573
PC §4573
Higher-triad partner statute for controlled substances.
PC §4573.6
PC §4573.6
Possession of controlled substance IN institution — sometimes charged in alternative where mixed substance was found.
PC §4574
PC §4574
Weapons or explosives introduction — separately charged if any weapon accompanied the drug.
B&P §4060
B&P §4060
Possession without prescription — charged for the underlying prescription-status conduct outside.
Beyond the Sentence
- CIMT immigration consequences (though not aggravated felony)
- Permanent bar to CDCR / Sheriff / peace-officer employment
- State Bar / medical / nursing licensure discipline
- PC §1000 diversion foreclosed
- Contractor debarment from state and county facilities
- Sheriff / CDCR visiting privileges permanently suspended
Sentencing References
05 — Defense Strategies
How Rubin Law Defends PC §4573.5 Bringing Non-Controlled Drugs into Jail Charges
Rubin Law, P.C. attacks the elements of PC §4573.5 and drives outcomes toward misdemeanor and diversion where possible.
Not a 'Drug' under B&P §4022
Dietary supplements, herbal preparations, energy drinks, and nutritional products fall outside the B&P §4022 definition. Rubin Law challenges classification through pharmacology-expert testimony.
B&P §4022
Valid Prescription + Intake Compliance
Where the defendant held a valid prescription and complied with institutional intake protocol (declared at entry, presented to nursing, cleared through pharmacy), the authorization element fails.
HSC §11026
No Knowledge
Where the drug was planted, hidden in shared property, or inadvertently transported without knowledge, the specific-intent knowledge element fails.
PC §4573.5 knowledge
Suppression
Institutional searches remain subject to Fourth Amendment reasonableness. Rubin Law suppresses evidence from strip searches conducted outside written policy or without individualized suspicion.
PC §1538.5
Mental-Health Diversion (§1001.36)
Where the defendant carries a qualifying mental-health diagnosis that contributed to the offense, PC §1001.36 diversion is available on §4573.5 filings — leading to dismissal on completion.
§17(b) After Probation
Because §4573.5 is a wobbler-eligible felony (via §1170(h) practice), Rubin Law negotiates reductions to misdemeanor after successful probation completion.
Constitutional Sources
07 — Court Process
How PC §4573.5 Bringing Non-Controlled Drugs into Jail Cases Move Through Los Angeles Courts
§4573.5 cases follow the same institutional-investigation and filing pathway as §4573.
- 1
Step 1 — Institutional Investigation
CDCR ISU / LASD ISD investigation with entry-scan evidence and lab-confirmed identification.
- 2
Step 2 — Filing / Arraignment
Felony filing in the courthouse serving the institution.
- 3
Step 3 — Preliminary Hearing
Prima-facie showing on classification (drug vs. supplement), knowledge, and authorization.
- 4
Step 4 — Discovery
Search-video, lab reports, intake protocols, and prescription records.
- 5
Step 5 — Pretrial Motions
PC §1538.5 suppression, PC §1001.36 mental-health diversion motions, PC §17(b) reduction motions.
- 6
Step 6 — Trial
CALCRIM 2748 adapted for §4573.5. Cross-examination on B&P §4022 classification and intake compliance.
- 7
Step 7 — Sentencing
Low-term selection with residential-treatment recommendations for defendants with substance-use context.
Los Angeles Courts That Handle PC §4573.5 Bringing Non-Controlled Drugs into Jail Cases
§4573.5 filings occur in the courthouse serving the institution.
Reviewed by Your Attorney
Daniel S. Rubin — Los Angeles Bringing Non-Controlled Drugs into Jail Defense Attorney
Daniel S. Rubin has defended clients charged with bringing non-controlled drugs into jail and related offenses in Los Angeles County courts — including Clara Shortridge Foltz, Van Nuys, Compton, and Pomona. He understands that these cases are won in the details: the suppression hearing that eliminates key evidence, the preliminary hearing cross-examination that exposes a weak witness, the penalty phase argument that keeps a client out of the worst outcome.
This page was written and reviewed by Daniel A. Rubin, Los Angeles criminal defense attorney, CA State Bar 302093, with 10+ years of experience defending clients charged under PC §4573.5 in Los Angeles County. Last reviewed: July 2026.
CA Bar 302093 | Whittier Law School | Rising Star — Super Lawyers 2019–2023 | Bringing Non-Controlled Drugs into Jail Cases Throughout LA County
See our full Bringing Non-Controlled Drugs into Jail defense practice
09 — FAQs
PC §4573.5 Bringing Non-Controlled Drugs into Jail Questions — Los Angeles
How is §4573.5 different from §4573?
§4573 punishes bringing HSC-controlled substances and paraphernalia into an institution (2, 3, 4 years). §4573.5 punishes bringing other drugs (prescription, OTC) and alcoholic beverages (16 mo, 2, 3 years).
Does §4573.5 apply to prescription medications?
Yes, if the medication was not authorized through institutional intake. Even a valid prescription is §4573.5 if the defendant failed to declare it at entry and clear it through the facility pharmacy.
Is alcohol §4573.5?
Yes. Alcoholic beverages are expressly enumerated in §4573.5. Any alcoholic beverage brought into a jail or prison without authorization is a felony under §4573.5.
Is dietary supplement §4573.5?
Generally no. Dietary supplements outside B&P §4022 classification are not 'drugs' under §4573.5. Herbal supplements, vitamins, and nutritional products typically fall outside the statute — subject to expert classification.
Can §4573.5 be reduced to misdemeanor?
Not directly under PC §17(b) (§4573.5 is a straight felony), but negotiated reductions to §17(b)-eligible statutes (PC §148, PC §647(f)) are common after probation completion.
Is §4573.5 diversion available?
PC §1000 diversion is unavailable, but PC §1001.36 mental-health diversion is available where a qualifying diagnosis contributed to the offense.
Is §4573.5 deportable?
Yes. §4573.5 is a CIMT — deportable and inadmissible under 8 USC §1227(a)(2)(A). It is not, however, an aggravated felony.
Available 24/7 — Free Consultation
Charged with Bringing Drugs or Alcohol into Jail Under PC §4573.5?
§4573.5 is a straight prison felony that reaches undeclared prescriptions, alcohol, and OTC drugs. Rubin Law, P.C. drives §1001.36 diversion, misdemeanor reductions, and dismissal on classification challenges.