Penal Code 4573.6 outlines a highly specific and serious drug crime involving possession of controlled substances in prison or jail. Most drug charges in California are charged as misdemeanors or wobblers, depending on the circumstances, but Penal Code 4573.6 is treated differently. The legislature claims that drugs inside prisons or jails pose a significant threat to order and safety, which is why committing this offense attracts severe consequences.  This law applies widely and affects contractors, employees, visitors, inmates, and anyone who enters a prison or jail. Understanding Penal Code 4573.6 is important if you are accused because this crime is charged as a felony and cannot be reduced to a misdemeanor.

Possessing Drugs In Prison or Jail

It is an offense under Penal Code 4573.6 for you to knowingly possess a controlled substance or drug-related paraphernalia inside a prison, jail, or similar correctional facility. You can only possess a controlled substance if authorized under the rules of the prison or jail. Penal Code 4573.6 covers prison farms, road camps, state prisons, city and county jails, and any location where offenders are being held in custody or under supervision.

This law focuses on possession within a prison or jail, or on its grounds. You do not need to be found selling, distributing, or transporting drugs for you to face charges. The court can convict you under this law if you are guilty of unauthorised possession within a prohibited area.

Individuals Who Can Face Charges Under Penal Code 4573.6

Penal Code 4573.6 goes beyond incarcerated offenders. You can face felony charges if you intentionally possess a controlled substance in a prison or jail. This law governs the following people:

  • Vendors
  • Contractors
  • Medical staff
  • Correctional officers
  • Visitors visiting prisons or jails
  • Offenders newly arrested and booked into jail, and
  • Inmates serving a jail term

Employees and visitors are subject to the same degree of criminal exposure as inmates because the crime is charged as a felony regardless of who is charged. You will also face felony charges even if you are a first-time offender with no prior criminal record.

The Elements

If the prosecutor accuses you of possessing drugs in prison or jail, he/she must prove these elements:

  1. You Possessed  A Controlled Substance or Drug Paraphernalia

You can only face charges under Penal Code 4573.6 if the prosecutor proves that you had possession of a controlled substance or an item used to consume or inject drugs. Possession can be:

Actual Possession

Actual possession occurs when the drug is on your person or within your immediate physical control. You could be guilty under Penal Code 4573.6 if the drug is found on your body or clothing. The court can still charge you under this law if you can immediately move, use, or control the drug without requiring access to another place. This includes drugs found in the following areas:

  • Concealed on the body
  • In your hand
  • In your jacket
  • In your socks or shoes, and
  • In your pocket

In the above situations, the prosecutor can claim that you personally possessed the controlled substance. The prosecutor must prove the following elements to establish actual possession under this law:

  • You physically possessed the drug
  • You were aware the drug was present
  • You were aware that the drug was controlled
  • You possessed the drug in prison, jail, or a correctional facility
  • The drug was in a usable amount

The following are some examples of actual possession in prison or jail cases:

  • An offender keeping cocaine in their underwear during booking
  • A visitor bringing meth in a pocket while visiting the prison or jail
  • An inmate concealing heroin in their socks during a search

Constructive Possession

Constructive possession of drugs occurs when the drug is not physically on your body, but you have the ability or right to control the drug, either personally or through someone else. A controlled substance can be hidden or nearby, but you know about it and can control it. The prosecutor must prove these elements to establish constructive possession under this law:

  • You had control over the drug or its location
  • You were aware the drug was present
  • You were aware that the drug was a controlled substance
  • The controlled substance was in prison, jail, or a correctional facility
  • The drug was in a usable amount

Examples of constructive possession include:

  • Drugs concealed in a cell under your control
  • Drugs hidden in a bag belonging to an inmate
  • Drugs hidden in a locker assigned to you
  • Drugs concealed in your pillow or mattresses in your assigned bunk

This law assumes that you can control the drug even if it is not in your body.

Joint Constructive Possession

Several people can share constructive possession. You can share a cell, and both of you are aware that the drug is hidden in the vent. Both of you could face charges under Penal Code 4573.6 if both of you were aware and had control of the drugs.

  1. Possession Occurred In Prison, Jail, or Its Grounds

The prosecutor must prove beyond a reasonable doubt that possession occurred inside the prison, jail, or on its grounds. Penal Code 4573.6 covers correctional facilities, county jails, the grounds of correctional facilities, and state prisons. This law also applies to prison camps or road camps, as well as any place where inmates are held in jail.

  1. You Were Aware Of The Presence Of The Controlled Substance

The prosecutor must prove that you were aware of the presence of the paraphernalia or substance. You cannot face charges if you had no knowledge that the drug was there. Being near a drug does not prove knowledge. Someone else can also put drugs in your bag without your knowledge. However, knowledge can be proved through:

  • Location of the substance in your belongings
  • Behavior showing awareness, and
  • Your statement

  1. You were Aware of the Nature of the Drug as a Controlled Substance

The prosecutor must prove that you were aware that the drug was a controlled substance or drug paraphernalia. You can only face charges under PC 4573.6 if you understood that the drug was unlawful or controlled. Knowledge can be proved through packaging or labelling of the drug, circumstantial evidence, and admissions.

  1. The Drug Was In A Usable Amount

The prosecutor must show that the drug was in a usable amount if the case involves drugs rather than paraphernalia. A usable quantity means a sufficient substance that can be used or consumed as a drug. A small amount can qualify if it is usable, like a small bag of meth that can be smoked. However, microscopic amounts or trace residue do not qualify.

  1. The Possession Was Not Authorized

The prosecutor must also show that you did not have authorization to possess the drug. You can legally possess a drug in a correctional facility if authorized and if you are a medical staff member, authorized prison personnel, or if you have specific consent from the warden. You cannot face charges under this law if authorization exists.

Paraphernalia And Controlled Substances Covered By Penal Code 4573.6

Penal Code 4573.6 covers controlled substances listed under California drug statutes. This includes unlawful prescription medications and narcotics if you possess them without authorization from the correctional facility. Some of the drugs include ecstasy, meth, heroin, cocaine, and unauthorized sedatives or prescription painkillers.

Penal Code 4573.6 also covers devices used to consume or ingest drugs and drug paraphernalia. Even if you are not found with the substance itself, you can still face felony charges if you possess certain instruments intended for drug use.

The quantity of the drug does not determine whether you will face misdemeanor or felony charges. The crime remains a felony under this Penal Code, provided the amount is usable, and the possession is known and unauthorized.

Whether Penal Code 4573.6 Can Be Charged As A Wobbler

Most people in California question whether Penal Code 4573.6 can be charged as a wobbler. A violation of this law is often charged as a felony. Unlike most drug statutes that permit judges to reduce charges to misdemeanors, Penal Code 4573.6 does not provide flexibility. This offense cannot be treated as a wobbler. Even a small quantity of a drug can attract felony charges if you possess it inside a prison or jail without authorization.

The difference is crucial. A felony conviction will attract more severe repercussions than a misdemeanor, including:

  • A permanent felony record
  • A prolonged jail term, and
  • Additional collateral effects on housing, employment, and civil rights

Felony Penalties For Possessing A Controlled Substance In Prison or Jail

Since a violation of Penal Code 4573.6 is a felony, the punishment will be more severe than that for simple possession outside a custodial setting. A conviction can attract a county jail or state prison sentence of two years, three years, or four years, according to California’s felony incarceration structure. This sentence is imposed in addition to existing incarceration for offenders already incarcerated. You will face an extra jail term for possessing controlled substances in a prison or jail.

Apart from the criminal sentence, you could face the following:

  • A higher security classification
  • Reduced eligibility for early release
  • Loss of privileges, and
  • Institutional discipline

The above repercussions will affect your daily life and enhance long-term prospects in prison or jail.

Comparison Of Penal Code 4573.6 To Other Drug Possession Statutes

Outside prisons and jails, most drug possession cases in California can be charged as misdemeanors or reduced through diversion programs. This can happen if you are a first-time offender. However, Penal Code 4573.6 does not provide those options.

The legislature deliberately categorized a violation of PC 4573.6 as a felony because of the high risks related to drugs in prisons or jails. This makes the crime more severe than a typical possession case and limits the judge's ability to show leniency.

Circumstances That Can Lead To Charges Under PC 4573.6

Cases under Penal Code 4573.6 often arise during internal security checks, visitor screenings, and intake searches. A visitor can unintentionally bring illegal medication to prison or jail. An offender can still have controlled substances in their clothing during booking. A contractor or an employee can have unauthorized drugs during a routine inspection. In these cases, this crime is deemed a felony if knowledge and possession are determined, regardless of intent or record.

Defenses To Charges Of Possessing A Controlled Substance In Prison or Jail

It can be a stressful and overwhelming experience if you are accused of possessing controlled substances in prison or jail. The penalties can be severe, including a jail term, hefty fines, and probation. However, you have rights and options. Some of the defenses you can use to fight Penal Code 4573.6 charges are:

Misidentified Substances

The drug in question can be misidentified by the police in some drug possession cases. This can happen due to human error, sample contamination, or faulty testing equipment. If the drug is misidentified, it can affect the prosecutor’s case against you.

Your criminal defense attorney can request an independent analysis of the evidence to challenge the identification of the drug. A competent laboratory can carry out the analysis to ensure accurate identification. If the outcome differs from the original identification made by the police, it can provide solid grounds for questioning the validity of the case.

Not In Actual Possession

In a controlled substance possession lawsuit, the prosecutor must prove that the defendant was in actual possession of the substance. Actual possession means the drugs were found on the body of the defendant or within their immediate control. However, it can be challenging for the prosecutor to prove that you had exclusive control over the substance if the drugs were in a shared environment like a house or vehicle.

Your criminal defense attorney can claim that you were not in actual possession of the substance. He/she can do this by proving that someone else had accessed the place where the substance was found. The attorney can also contest the prosecutor’s evidence by questioning the validity of the police documentation of the discovery of the substance. Your attorney will work towards securing a favorable outcome for you by casting doubt on the prosecutor’s case.

Fourth Amendment Violations

The Fourth Amendment of the United States Constitution protects citizens against unreasonable searches and seizures. The police must have a search warrant or probable cause before searching. The evidence gathered can be suppressed and deemed inadmissible in court if your attorney proves that the search that led to the discovery of the substances was carried out without proper authority.

An experienced attorney will thoroughly review the circumstances surrounding the arrest and search to establish if your Fourth Amendment rights were violated. He/she will scrutinize whether the search and seizure were carried out in accordance with the law. Your attorney can file a motion to suppress evidence if any violation is established. The judge can drop your charges if the motion goes through.

You Are A Victim Of Police Entrapment

Entrapment occurs when the police coerce or induce you into committing an offense that you would otherwise not have committed. It is common for the police to do this in their efforts to address drug issues in prisons or jails. You must prove the following elements for your entrapment defense to be admissible in court:

  • You must prove that the police, through their words or actions, induced you to possess drugs in prison or jail. This can involve different ways of persuasion. For example, they can promise to offer you protection or immunity while in prison.
  • Proving lack of predisposition — You must show that you had no past intent or inclination to commit the offense independently. Before the police’s involvement, you had no predisposition to engage in the illegal act.
  • Presenting objective evidence like witness statements, emails, and recorded conversations, which support the argument of inducement.

You Had Authorization

Authorization is an essential aspect of the defense. You must prove that you were allowed by the relevant authorities to possess drugs in prison or jail. Permission can come from a jailer, superintendent, the warden, or a person in charge of the prison. This can stem from the enacted rules and regulations governing the prison, whether mandated by:

  • Institution regulations
  • Specific prison
  • The Department of Corrections, or
  • Other governing bodies

This defense underscores the importance of complying with established procedures and obtaining proper approvals to ensure your actions comply with the law. An authorization defense can be a strong claim in your favor, especially when supported by solid evidence of the permission granted. Some of the evidence can be notarized affidavits, phone records, letter exchanges, and written documentation.

Find a Criminal Defense Attorney Near Me

Possession means having custody or physical control of a substance. You could face possession of drugs in prison or jail charges, even if the drugs are with another person, you have control over them. Since prisons and jails are high- security environments, possessing drugs there can attract more severe charges than regular possession of a drug. This violation is an automatic felony that can lead to jail time. Provided you have a usable amount of the controlled substance, you can face charges under PC 4573.6.

If you or a loved one faces charges for violating this statute, the Los Angeles Criminal Attorney can help. Contact us today at 424-333-0943 to speak to one of our attorneys.