Bringing Drugs into a Jail or Prison – California Penal Code 4573 PC
Penal Code 4573 PC – Bringing Drugs Into a Jail or Prison in California
Bringing drugs into a California jail or prison is a felony offense under Penal Code 4573 PC. It doesn’t matter whether the drugs are for personal use, intended for someone else, or even successfully delivered — the act of knowingly bringing controlled substances into a correctional facility is enough to be charged.
Prosecutors take this charge seriously because of the security risks drugs pose inside custodial settings. Even a small amount can lead to heightened violence, trafficking, or overdoses among inmates. Whether the substance is methamphetamine, heroin, fentanyl, or even prescription pills, the law applies the same.
If you’ve been arrested or charged for bring drugs into a correctional facility, you could be facing prison time, a felony record, and enhanced penalties based on the type and quantity of drugs involved. Our experienced criminal defense attorney can challenge the evidence, the circumstances of the search, and your intent — and in many cases, secure reduced penalties or dismissal.
What Does Penal Code 4573 PC Prohibit?
Under Penal Code 4573, it is illegal to knowingly bring or attempt to bring any controlled substance into:
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A jail or prison,
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A county detention center,
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A juvenile facility,
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Or any other state or local custodial facility.
This includes substances such as:
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Heroin
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Methamphetamine
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Cocaine
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Fentanyl
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Xanax, Oxycodone, or other prescription meds (without a valid prescription)
Even if the drugs are never delivered, and even if the person was searched before successfully entering, the attempt alone is enough to result in criminal charges.
What Must the Prosecution Prove?
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You knowingly brought or attempted to bring drugs into a custodial facility;
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You were aware the substance was a controlled drug;
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You intended to bring the drug into the facility (actual entry isn’t required — attempting to do so is enough).
If law enforcement found the drugs during a search at a jail entry point or during visitation, the prosecutor will likely argue that the attempt had already begun. But the defense may challenge how the search was conducted or whether you knew the substance was illegal.
Penalties for Bringing Drugs Into Jail or Prison
Bringing or attempting to bring drugs into a correctional facility is a felony in California.
If convicted, you may face:
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2, 3, or 4 years in California state prison
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Formal felony probation (in limited cases)
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A permanent felony record
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Potential sentence enhancements based on drug quantity or prior offenses
Keep in mind that this charge is separate from any drug possession or trafficking charge — which means you could be facing multiple felonies from a single arrest.
Defenses to Penal Code 4573 Charges
You Didn’t Know You Had Drugs
If someone else placed the drugs in your bag or clothing without your knowledge, the prosecution must still prove intent. Lack of knowledge is a strong defense, especially in situations involving shared vehicles, borrowed property, or set-ups.
You Had a Valid Prescription
If you were carrying a prescription drug for a valid medical purpose (e.g. Xanax or Adderall), and the label matches your identity, that may be a legal defense — though entering with the drug may still violate jail policies.
Illegal Search and Seizure
If jail staff or law enforcement conducted an unconstitutional search — without probable cause, consent, or proper procedures — we may be able to file a motion to suppress the evidence. If successful, the charges may be dismissed entirely.
No Intent to Bring the Drugs In
Intent is key. If you were unaware that entering the facility was against the rules, or never intended to bring drugs inside (for example, forgetting they were in your pocket), we may be able to argue against the charge.
Related Offenses
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HS 11350(a) – Possession of a Controlled Substance
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HS 11352 – Transportation or Sale of Controlled Substances
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PC 4573.5 – Bringing Alcohol or Non-Narcotic Drugs into Jail
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PC 4573.6 – Possession of Drugs in Jail
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PC 182 – Criminal Conspiracy (if part of a smuggling plan)
Speak With a Los Angeles Criminal Attorney Today
If you’ve been accused of violating Penal Code 4573 by bringing drugs into jail or prison, don’t wait to speak with a lawyer. These are serious felony charges that can have lifelong consequences, including prison time, loss of professional licenses, and immigration effects.
At The Law Offices of Arash Hashemi, we’ve defended clients against tough drug and felony charges in Los Angeles County for over 20 years. We understand how these cases are prosecuted, what defenses are available, and how to push back early to protect your rights and freedom.
We’ll thoroughly review the evidence, challenge any unlawful search or false accusation, and work to get your charges reduced or dismissed wherever possible.
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