Bringing Alcohol or Non-Narcotic Drugs into Jail – California Penal Code 4573.5 PC

In California, Penal Code 4573.5 PC makes it a felony to bring alcohol or non-narcotic drugs (including unauthorized prescription medications) into a jail or prison. This offense is separate from Penal Code 4573, which focuses on controlled substances like heroin or methamphetamine. Even if the substance is not considered a “hard drug,” bringing it into a detention facility without authorization is treated as a serious crime.

If you are arrested for violating PC 4573.5, you can face up to three years in custody, even if the alcohol or medication was intended for personal use—or even if it never made it inside the facility. Prosecutors and judges in California treat jail-related offenses harshly because they pose safety and security risks for correctional staff and inmates.

If you’ve been accused of bringing alcohol or unauthorized medication into a jail or prison, it’s essential to speak with a Los Angeles criminal defense attorney right away. These charges can be challenged, negotiated down, or—in some cases—dismissed entirely.

What Is Prohibited Under Penal Code 4573.5?

Under PC 4573.5, it is a felony to knowingly bring, send, or possess alcohol, narcotic paraphernalia, or non-controlled drugs inside the following facilities:

• County jails

• State prisons

• Juvenile detention centers

• Any other penal institution

Unlike PC 4573, this statute is focused on substances that are not classified as controlled narcotics—such as alcohol, marijuana (in certain cases), or prescription medications like Xanax or Adderall if you don’t have valid authorization.

Even if the item is not illegal to possess outside of jail (like a prescription pill or bottle of liquor), it becomes illegal once you attempt to bring it into a correctional facility without permission.

Examples of Items Covered by PC 4573.5

• Bringing a bottle of vodka during a jail visit

• Attempting to mail over-the-counter sleeping pills to an inmate

• Smuggling prescription medication in your clothing during visitation

• Possessing marijuana in a county jail (even if legal under Prop 64)

Penalties for Violating Penal Code 4573.5

Violating this law is a felony under California law. The penalties may include:

• 16 months, 2 years, or 3 years in county jail (under California’s realignment system)

• Up to $10,000 in fines

• Felony probation in some cases

• A permanent felony conviction on your criminal record

In addition to these penalties, a conviction may impact immigration status, future employment, and eligibility for professional licenses.

Common Defenses to PC 4573.5 Charges

Lack of Knowledge

If you didn’t know the substance was in your possession or weren’t aware that it was prohibited in the facility, this may be a valid defense.

Lawful Prescription

If the substance in question was lawfully prescribed to you and you had documentation, your attorney can argue that you were not acting unlawfully.

Unlawful Search

If the evidence was discovered during an illegal search—such as one without probable cause or a warrant—it may be possible to suppress the evidence entirely.

No Intent to Enter

You can’t be convicted under PC 4573.5 unless the prosecution can prove that you intended to bring the substance into the facility. If you were stopped outside the jail, this can be a critical issue.

Related Charges

• PC 4573 – Bringing controlled substances into a jail or prison

• PC 4573.6 – Possession of drugs in a jail facility

• PC 4570 – Unauthorized communication with a prisoner

• HS 11350 – Possession of a controlled substance

• HS 11377 – Possession of methamphetamine or other restricted drugs

Speak With a Los Angeles Criminal Attorney About Jail-Related Drug Charges

If you’re facing charges under Penal Code 4573.5, it’s not just a minor mistake—it’s a felony offense that could result in jail time and a criminal record. Whether the substance was alcohol, pills, or another non-controlled item, the consequences are serious.

Attorney Hashemi has spent over 20 years defending clients charged with drug and jail-related offenses in Los Angeles County. We’ll examine whether the prosecution can prove intent, challenge how the evidence was obtained, and fight to get your charges reduced—or dismissed completely.

Schedule a Free Consultation

📞 Phone: (310) 448-1529
📅 Schedule Your Free 15-Minute Consultation: Conveniently book online through our secure system.
📧 Email: Contact@hashemilaw.com
🏢 Address: 11845 W Olympic Blvd #520, Los Angeles, CA 90064
⏰ Office Hours: Monday to Friday, 8:30 AM – 5:00 PM, with flexible scheduling, including weekend appointments.

Disclaimer: The content provided here is for informational purposes only and does not constitute legal advice. It is not intended to predict outcomes, as individual circumstances vary and laws may change over time. Those seeking legal advice should consult with a qualified attorney to understand how current laws apply to their specific situation. For detailed legal guidance on the topics discussed, please contact our law firm directly.