Any person who knowingly has in his or her possession in any state prison, prison road camp, prison forestry camp, or other prison camp or prison farm or any place where prisoners of the state are located under the custody of prison officials, officers, or employees, or in any county, city and county, or city jail, road camp, farm, or any place or institution, where prisoners or inmates are being held under the custody of any sheriff, chief of police, peace officer, probation officer, or employees, or within the grounds belonging to any jail, road camp, farm, place, or institution, drugs in any manner, shape, form, dispenser, or container, any device, contrivance, instrument, or paraphernalia intended to be used for unlawfully injecting or consuming drugs, or alcoholic beverages, without being authorized to possess the same by rules of the Department of Corrections, rules of the prison or jail, institution, camp, farm, or place, or by the specific authorization of the warden, superintendent, jailer, or other person in charge of the prison, jail, institution, camp, farm, or place, is guilty of a felony.
The prohibitions and sanctions addressed in this section shall be clearly and prominently posted outside of, and at the entrance to, the grounds of all detention facilities under the jurisdiction of, or operated by, the state or any city, county, or city and county.
Notes of Decisions
Cited in
29
cases (
11 in the last 5 years), 2014–2024 · leading case:
People v. Raybon, 492 P.3d 937 (Cal. 2021).
People v. Raybon, 492 P.3d 937 (Cal. 2021).
· cites it 4× “) Penal Code section 4573.8 has broader application, making it a crime to possess “in any state prison .”
People v. Whalum, 50 Cal. App. 5th 1 (Cal. Ct. App. 2020).
· cites it 5× “Statutes Criminalizing Cannabis Possession in Correctional Institutions Two different statutes make it illegal to possess cannabis in a correctional institution, with the difference being that one of the statutes applies to all drugs and alcohol (Pen. Code, § 4573.8) and the…”
People v. Nix, No. E076607 (Cal. Ct. App. July 29, 2021).
· cites it 4× “(Pen. Code, § 4573.8.) The trial court sentenced Nix to two years, to be served consecutive to the sentence he was already serving.”
People v. Raybon, No. S256978A (Cal. Aug. 12, 2021).
· cites it 4× “) Penal Code section 4573.8 has broader application, making it a crime to possess “in any state prison .”
People v. Smith, No. F071775 (Cal. Ct. App. Aug. 3, 2016).
· cites it 3× “Appellant Jerry Smith appeals his conviction for possessing marijuana in prison (Pen. Code, § 4573.8). Appellant contends insufficient evidence was presented to conclude he knew the substance he possessed was a narcotic.”
People v. Rosier, No. E066382 (Cal. Ct. App. Oct. 3, 2016).
· cites it 2× “1 Defendant and appellant, Brian Kenneth Rosier, plead guilty to possession of marijuana while incarcerated (count 1; Pen. Code, § 4573.8) and deterring and preventing an officer from performing his duties by means of threats and violence (count 3; Pen.”
People v. Herrera, 52 Cal. App. 5th 982 (Cal. Ct. App. 2020).
· cites it 2× “) As we will explain, we determine that defendant was properly convicted under Penal Code section 4573.6 for possession of cannabis in jail.”
People v. Archuleta, No. D077364 (Cal. Ct. App. Aug. 25, 2020).
· cites it 2× “5th 111 , review granted August 21, 2019, S256978 (Raybon)), found that use of marijuana in prison remains a felony under Penal Code section 4573.8, but that a very narrow reading of Proposition 64 renders possession of a small amount of marijuana while in prison no longer a…”
People v. Smith, No. D076620 (Cal. Ct. App. Jan. 15, 2021).
· cites it 2× “) Whalum “agree[d] with Perry’s analysis regarding the scope of the carve out in section 11362.”
People v. Keehl, No. C072882 (Cal. Ct. App. Mar. 6, 2015).
· cites it 3× “12SCR07799, the one-year sentence imposed for possession of marijuana in jail (Pen. Code, § 4573.8) is unauthorized and must be reduced to eight months.”
People v. Rosas, No. H042929 (Cal. Ct. App. Aug. 1, 2016).
“On April 7, 2000, defendant Robert Rosas was convicted of one count of unauthorized possession of drugs or alcoholic beverages in prison (Pen. Code, § 4573.8), and the court found true a prior strike allegation.”
People v. Ramirez, No. H042966 (Cal. Ct. App. Aug. 5, 2016).
“Defendant Guadalupe Ramirez appeals after he was sentenced to a 16-month prison term for convictions of possessing drugs or alcohol in jail or prison (Pen. Code, § 4573.8)1 and carrying a concealed dirk or dagger (§ 21310), with a concurrent 365-day jail term for a conviction of…”
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