Brings alcohol, non-CS drug, or paraphernalia into jail
Aggravated Felony (AF)
Not an AF
Crime Involving Moral Turpitude (CIMT)
Should not be a CIMT
Other Removal Grounds
No other removal grounds; see advice.
Advice and Comments
Not CS offense. Good alternative to 4573 and other offenses involving a CS. Try to plead to alcohol for extra safety, although that should not be necessary: 4573.5 prohibits alcohol or “any drugs, other than controlled substances,” where one court held “drugs” includes medicine such as antibiotics.1See, e.g., People v. Ortiz (1962) 200 Cal. App. 2d 250, 254 (“The word ‘drug’ as used in the code section in question, inasmuch as the Legislature did not specifically define the word in the section itself, must be understood in its ordinary and normal meaning, that is to say, medicines or the components thereof for internal or external use.” Ortiz found that unauthorized possession of Darvon (a sedative) and of Achromycin V (tetracycline, an antibiotic) met the definition of “drugs in any manner, shape, form,” under the former language of Pen C 4573.6. Currently, Pen C 4573.5 uses that same language, but with the explicit exclusion of controlled substances: “drugs, other than controlled substances, in any manner, shape, form.…”
CIMT. As a regulatory offense that does not involve illegal substances, this should not be a CIMT.