California Penal Code §4573 — Bringing Drugs into Jail or Prison
PC §4573 punishes knowingly bringing — or sending — any controlled substance (Health & Safety Code Schedules I–V), any drug paraphernalia, or specified alcohol into a state prison, county jail, city jail, juvenile hall, or CDCR camp. §4573 is a straight felony punishable by 2, 3, or 4 years in state prison. Visitors, staff, contractors, attorneys, and inmates being newly booked are all within the statute's reach.
Reviewed by Daniel S. Rubin, CA Bar 302093 · Los Angeles Criminal Defense Attorney · Bringing Drugs into Jail or Prison Cases in All LA County Courts
01 — Quick Facts
PC §4573 — Bringing Drugs into Jail or Prison at a Glance
| Fact | Detail |
|---|---|
| Full Name | California Penal Code §4573 — Bringing Controlled Substances into Prison / Jail |
| Code Type | Penal Code (PC) |
| Classification | Straight Felony |
| Penalty | 2, 3, or 4 years state prison |
| Fine | Up to $10,000 |
| Moral Turpitude | Yes — CIMT |
| Strike | No |
| Probation | Available but disfavored on staff / visitor filings |
| Diversion | PC §1000 diversion NOT available — Health & Safety Code diversion excluded |
| Immigration | Deportable — CIMT and aggravated felony if drug trafficking |
| Free Consultation | (213) 723-2337 — 24/7 |
01 — What Is PC §4573?
What Is California Penal Code §4573?
PC §4573 Reads:
"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 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 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, is guilty of a felony punishable by imprisonment in the state prison for two, three, or four years."
— California Penal Code §4573(a)
PC §4573 prohibits the knowing introduction of any HSC-controlled substance or drug-paraphernalia into any California jail or prison. The statute is not limited to inmates: attorneys, visitors, correctional staff, contractors, nurses, chaplains, and newly-booked arrestees are all common defendants. The 'grounds' provision extends the statute's reach to parking lots, visiting areas, and other institution property.
§4573 vs §4573.5, §4573.6, §4573.8, §4573.9
§4573 = bringing/sending drugs INTO an institution. §4573.5 = bringing non-controlled drugs (prescription only). §4573.6 = possession of controlled substances IN an institution. §4573.8 = possession of drugs IN an institution (broader). §4573.9 = sale of controlled substance IN an institution (7, 8, 9 years). The §4573 family constitutes California's principal jail-contraband statutory scheme.
PC §4573(a) — Bringing IN
Felony — 2, 3, or 4 years. Applies to introducing drugs across the institutional boundary.
PC §4573.6 — Possession IN
Felony — 2, 3, or 4 years. Applies to possession while already inside.
Why §4573 Matters
§4573 filings are prosecutorial priorities — DAs typically decline plea offers below state prison on cases involving staff or organized visitor networks. §4573 convictions permanently bar CDCR and Sheriff's Department employment, revoke State Bar admission for attorney defendants, and trigger aggravated-felony immigration removal under 8 USC §1101(a)(43)(B) if the substance is trafficked.
Official Sources
02 — Elements of the Crime
Elements the Prosecution Must Prove Under PC §4573
To convict under PC §4573, the prosecution must prove each element beyond a reasonable doubt.
Institutional Location
The introduction must have been into a state prison, jail, camp, or 'grounds' of such an institution.
Controlled Substance
The item must have been an HSC Division 10 controlled substance or drug paraphernalia intended for unlawful use.
Knowing Possession
The defendant must have knowingly brought or sent the substance — knowledge of both the presence and the controlled character.
Without Authorization
The introduction must have been unauthorized — no medical order, no prescription pathway approved by the facility.
04 — Penalties
Penalties for PC §4573 Bringing Drugs into Jail or Prison in California
PC §4573 penalties are as follows.
| Charge | Code | Prison Term | Probation | Strike |
|---|---|---|---|---|
| Bringing Controlled Substance In | PC §4573(a) | 2, 3, or 4 years state prison | Available but disfavored | No |
| Bringing Paraphernalia In | PC §4573(a) | 2, 3, or 4 years state prison | Available but disfavored | No |
| Fine | PC §4573 / §672 | Up to $10,000 | Additional to custody | N/A |
| Aggravated (staff defendant) | PC §4573 | Upper term (4 years) presumed | Ineligible in practice | No |
Related Charges Frequently Filed with §4573
PC §4573.6
PC §4573.6
Possession of controlled substance in an institution — routinely charged in the alternative to §4573 where the drug was found on the person after entry.
PC §4573.9
PC §4573.9
Sale of controlled substance in an institution — 7, 8, or 9 years. Charged where evidence of sale exists (baggies, currency, buy-set).
HSC §11351
HSC §11351
Possession for sale outside — charged for the pre-entry conduct.
PC §182
PC §182
Conspiracy — charged against inmate-recipients, visitor-couriers, and outside sources.
Beyond the Sentence
- Permanent bar to CDCR / Sheriff / peace-officer employment
- State Bar discipline / disbarment for attorney defendants
- Nursing / physician licensure revocation for medical staff defendants
- Contractor debarment from state facilities
- CIMT immigration exposure; aggravated felony if HSC §11352 trafficking-type conduct
- Federal parallel exposure under 18 U.S.C. §1791 (contraband in federal prison)
Sentencing References
05 — Defense Strategies
How Rubin Law Defends PC §4573 Bringing Drugs into Jail or Prison Charges
Rubin Law, P.C. attacks the elements of PC §4573 and drives outcomes below state prison where possible.
No Knowledge
§4573 is a specific-intent knowledge statute. Where the substance was planted, hidden in shared property, or unknowingly transported, the knowledge element fails.
PC §4573(a) knowledge
Suppression / Fourth Amendment
Visitor searches at institutional entries are subject to Fourth Amendment reasonableness. Rubin Law suppresses evidence from consent-defective searches and suspicionless strip searches.
PC §1538.5
Lawful Prescription
Where the substance was lawfully prescribed and the defendant reasonably believed intake protocols authorized its presence, the authorization element fails.
HSC §11373
Not on 'Grounds'
The 'grounds' provision reaches only property under CDCR / Sheriff jurisdiction. Public streets, adjacent private property, and areas outside the fenced perimeter are not §4573 territory.
PC §4573(a)
Substance Not Controlled
Forensic-testing challenges on identity and weight; challenges to HSC schedule status; challenges to paraphernalia intent (lawful smoking, dietary supplement, or medical device).
HSC §11350
§17(b) Reduction (paraphernalia only)
For paraphernalia-only filings without a controlled substance, Rubin Law negotiates reductions to PC §148 or PC §647(f) misdemeanors — avoiding felony state prison exposure.
Global Attorney-Client Resolution
For attorney defendants, Rubin Law coordinates State Bar diversion, monitored practice programs, and criminal-court resolutions that preserve licensure where possible.
State Bar §6103
Constitutional Sources
07 — Court Process
How PC §4573 Bringing Drugs into Jail or Prison Cases Move Through Los Angeles Courts
§4573 cases proceed through the following stages.
- 1
Step 1 — Institutional Investigation
CDCR Investigative Services Unit (ISU) or LASD Custody ISD conducts the initial investigation, x-ray scans, K-9 alerts, and body-cavity searches under written policy.
- 2
Step 2 — Filing / Arraignment
Filed as a felony in the courthouse serving the institution. Bail varies with defendant category (staff / visitor / inmate).
- 3
Step 3 — Preliminary Hearing
Prima-facie showing on institutional location, controlled-substance identity, and knowledge.
- 4
Step 4 — Discovery
Search-video footage, entry-log records, K-9 handler reports, chain-of-custody records, forensic-lab reports on substance identity and weight, and any statements from post-arrest interviews.
- 5
Step 5 — Pretrial Motions
PC §1538.5 suppression on strip-search and consent issues, Brady discovery on informant recruitment, and PC §995 dismissal motions on knowledge sufficiency.
- 6
Step 6 — Trial
CALCRIM 2748. Typically 3–6 court days. Cross-examination centered on search protocol compliance and K-9 reliability.
- 7
Step 7 — Sentencing
State-prison presumption. Rubin Law argues low-term selection, alternative sentencing (in-custody residential treatment), and probationary strike-suspended sentences where mitigation supports.
Los Angeles Courts That Handle PC §4573 Bringing Drugs into Jail or Prison Cases
§4573 filings occur in the courthouse serving the institution.
Clara Shortridge Foltz Criminal Justice Center
Central LA — filings from Men's Central Jail and Twin Towers.
Lancaster Courthouse
Filings from NCCF Lancaster and CSP-LAC state prison.
Van Nuys Courthouse East
Filings from Van Nuys jail and San Fernando lockups.
Long Beach Courthouse
Filings from Long Beach jail and South Bay lockups.
Pomona Courthouse South
Filings from Pitchess Detention Center (Castaic) and East LA lockups.
Reviewed by Your Attorney
Daniel S. Rubin — Los Angeles Bringing Drugs into Jail or Prison Defense Attorney
Daniel S. Rubin has defended clients charged with bringing drugs into jail or prison 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 in Los Angeles County. Last reviewed: July 2026.
CA Bar 302093 | Whittier Law School | Rising Star — Super Lawyers 2019–2023 | Bringing Drugs into Jail or Prison Cases Throughout LA County
See our full Bringing Drugs into Jail or Prison defense practice
09 — FAQs
PC §4573 Bringing Drugs into Jail or Prison Questions — Los Angeles
Is PC §4573 a felony?
Yes. §4573 is a straight felony punishable by 2, 3, or 4 years in state prison. There is no misdemeanor tier under §4573(a).
Does §4573 apply to visitors?
Yes. Visitors, attorneys, staff, contractors, and inmates being newly booked are all within the statute's reach. §4573 is not limited to inmates.
Does §4573 apply on jail parking lots?
Yes. The 'grounds' provision extends §4573 to all property under CDCR / Sheriff jurisdiction, including parking lots and visiting-area walkways. Public streets outside the perimeter are not §4573 territory.
Is a lawful prescription a defense?
Sometimes. Where the substance was lawfully prescribed to the defendant AND intake protocol authorized its presence, the authorization element fails. Failure to declare the medication at intake is not a defense.
Is §4573 diversion available under PC §1000?
No. PC §1000 diversion is not available for §4573 filings — the statute is expressly excluded. HSC §11550 diversion is also unavailable.
Is §4573 a strike?
No. §4573 is not listed on the PC §667.5(c) violent-felony list or PC §1192.7(c) serious-felony list.
Is §4573 an aggravated felony for immigration?
Yes — where the underlying substance is trafficking-type (cocaine, heroin, methamphetamine, fentanyl), §4573 is an aggravated felony under 8 USC §1101(a)(43)(B). Mandatory removal and permanent inadmissibility follow.
Available 24/7 — Free Consultation
Charged with Bringing Drugs into Jail Under PC §4573?
§4573 is a straight prison felony with permanent licensure and immigration consequences. Rubin Law, P.C. suppresses defective searches, litigates knowledge defenses, and reduces to misdemeanor where the record supports.