It depends on whether the item was brought in or possessed inside, and what it was. Section 4573 (bringing in) and section 4573.6 (possessing inside) cover controlled substances and related devices, felonies carrying two, three, or four years. Section 4573.5 covers bringing in alcohol or drugs that are not controlled substances, and section 4573.8 covers possessing drugs or alcohol inside. Both are felonies carrying 16 months, two, or three years.
The four sections compared
| Section | What it covers | Bringing in or already inside | Penalty |
|---|---|---|---|
| PC 4573 | A controlled substance, or a device meant for using one, without authorization | Bringing or sending it in | Felony, two, three, or four years |
| PC 4573.5 | Alcohol, a drug that is not a controlled substance, or related paraphernalia | Bringing it in | Felony, 16 months, two, or three years |
| PC 4573.6 | A controlled substance, or a device meant for using one, without authorization | Already possessing it inside | Felony, two, three, or four years |
| PC 4573.8 | Drugs, alcohol, or a device for unlawfully injecting or consuming drugs, without authorization | Already possessing it inside | Felony, 16 months, two, or three years |
Sections 4573 and 4573.6 set their own terms under Penal Code section 1170(h). Sections 4573.5 and 4573.8 say only that the act is a felony, so the default felony term in Penal Code section 18 applies. All four sections apply at a state prison, a county or city jail, a prison camp or farm, other places where people are held in custody, or the grounds of those facilities, and each applies only when the person was not authorized, by law, by the facility's rules, or by the person in charge, to have the item there.
What counts as bringing something in versus possessing it
Sections 4573 and 4573.5 apply to bringing an item into the facility or onto its grounds, and section 4573 also covers sending a controlled substance in or knowingly helping someone else bring or send it. These are the sections that can apply to a visitor, and section 4573 can apply to someone who mails a controlled substance to a person in custody. Sections 4573.6 and 4573.8 instead apply to possessing the item once a person, whether an inmate or anyone else lawfully or unlawfully on the grounds, already has it inside. The same underlying item can, in principle, support a charge under either pair depending on when and how it is alleged to have gotten there, so the charging document's exact wording about bringing in versus possessing is worth reading closely rather than assumed.
What the prosecution must prove about knowledge
Each of these sections requires that the person acted "knowingly," meaning they knew the item was there and, for the bringing-in sections, knew they were bringing it into the facility. An item found in a bag, vehicle, or piece of clothing that the person did not know was there raises a real question about this element. A visitor who did not know an item was in a borrowed bag has a materially different case from someone who concealed an item on their body specifically to avoid detection at intake. Because the statutes also cover the grounds of a facility, an item caught at the entrance during screening can still support a charge.
Common defenses
Lack of knowledge that the item was present, lack of knowledge of what the item actually was, authorization under the facility's rules or from the person in charge, and challenges to how the item was discovered, such as the legality of a search of a person or vehicle, are common defense issues. Each of these statutes also requires the prohibitions and penalties to be "clearly and prominently posted outside of, and at the entrance to, the grounds" of detention facilities, so it can be worth confirming what notice was actually posted where you entered.
What a family member or visitor should know
Sections 4573 and 4573.5 reach anyone who brings an item into a facility or onto its grounds, including a visitor, and the possession sections reach anyone who has the item inside, not only the person in custody. A visitor can face felony exposure under these statutes even if no one was harmed and even if the item never reached the person they came to see, since bringing it onto the grounds can be enough. If you are told you are under investigation after a visit, do not go back to the facility to try to explain or retrieve anything without speaking to an attorney first, and keep any receipt, prescription label, or original packaging for the specific item involved, since that record can support a lack of knowledge defense.
What to do if you or a loved one is charged
Identify the exact section cited on the complaint, since the penalty and the facts that matter change between the four sections above. Note what item the complaint alleges and whether it says you brought it in or possessed it inside, since the section charged sets the penalty range. The Law Offices of David S. Chesley can review the exact charge and the evidence with you.