California vs. Federal Drug Trafficking Jurisdiction

You were arrested for drug trafficking in Los Angeles. State charges? Federal charges? You don’t know. You’re terrified. Thanks for visiting Spodek Law Group – a second generation law firm with over 50 years of combined experience. Our managing partner, Todd Spodek, has many, many, years of experience defending clients in both California state court and federal court. Todd has represented clients in high-profile cases covered by NY Post, Newsweek, and other national outlets – including Anna Delvey and juror misconduct allegations in the Ghislaine Maxwell trial. What determines state vs. federal jurisdiction, why federal charges are FAR worse, whether you can be charged in both courts, and what to do RIGHT NOW if your case might become federal.

State or Federal

Arrested in Los Angeles. Which court?

California state jurisdiction: Drug trafficking entirely within California. No state lines crossed. Local law enforcement. No federal agency. Prosecuted under California HS § 11352.

Federal jurisdiction triggers: Interstate activity (drugs crossed state lines or Mexico border). Federal property. Large quantities (1kg+ cocaine, 50g+ meth, any fentanyl). Federal agency involvement (DEA, FBI, ATF, HSI at ANY stage). HIDTA designation (Los Angeles is HIDTA region). Meth/fentanyl focus (2025: Congress placed all fentanyl analogs in Schedule I). Prior felony drug convictions.

Reality: “State prosecutes most drug trafficking. Feds can’t prosecute everything.” Federal prosecutors CHOOSE which cases – cartels, fentanyl, large-scale distribution, interstate activity.

California vs. Federal Penalties

California state (HS 11352): 3-9 years state prison, fine up to $20,000, probation possible, drug treatment alternatives (Prop 36, Drug Court), good time credits (50% reduction), local jury. You serve 2.5 years on a 5-year sentence. Federal (21 USC § 841): Mandatory minimums 5-20 years to life. NO parole. Abolished 1987. Fines $5-20 million. 85% rule. You serve 85% of sentence. Federal jury from entire Central District, pro-government. You’re facing 20 years federal prison. Twenty years. Mandatory minimum means you serve minimum 17 years. No parole. No early release. Enhancements make it worse: 18 USC § 924(c) firearms adds 5-10 years CONSECUTIVE. Even unloaded gun triggers enhancement. Death resulting adds 20-life. Prior convictions double minimums.

Trial penalty. Federal defendants who go to trial face 2-3x longer sentences than those who plead guilty. “Acceptance of responsibility” reduction for pleading guilty typically 25-40% sentence reduction. Judges punish exercising trial right. Trial on 10-year mandatory minimum case and lose? Expect 15-20 years. Plead guilty? Expect 10-12 years. Cooperation pressure. Only way to reduce federal mandatory minimums is “substantial assistance” departure. Requires cooperation – debriefings with federal prosecutors, testimony against co-defendants at trial. Federal prosecutors use mandatory minimums as leverage to flip defendants against each other. Don’t cooperate? Face full mandatory minimum. Cooperate? Prosecutors file motion for downward departure, reducing 20-year sentence to 8-12 years depending on cooperation value.

Real comparison: California defendant sentenced to 5 years serves 2.5 years with good time. Federal defendant sentenced to 20 years serves 17 years minimum. Federal charges carry 4-8x more prison time than California state charges for identical conduct.

BOTH Courts for Same Conduct

You can be prosecuted in BOTH California state court AND federal court for same drug trafficking. Double jeopardy does NOT apply.

Overlapping jurisdiction: Same drug sale violates BOTH California law (HS 11352) AND federal law (21 USC § 841).

Separate sovereigns doctrine (Heath v. Alabama, Gamble v. United States): Federal government and California are separate sovereigns. Can BOTH prosecute you. Fifth Amendment states no person shall “be subject for the same offence to be twice put in jeopardy” – but Supreme Court ruled this doesn’t prevent federal AND state prosecution. Punished twice for same conduct.

Parallel proceedings: In LA County jail on California state charges while federal grand jury investigates. Federal agents interview you in county jail. Statements in state court used in federal prosecution.

Federal “adoption”: You plead guilty in LA County Superior Court (3-5 years). Think it’s over. Then federal prosecutors file federal charges for same conduct. Face additional 10-20 years federal prison for identical behavior already punished by California.

Constitutional concerns (Dershowitz angle): Separate sovereigns doctrine violates double jeopardy spirit. Administrative state overreach. Cooperation coercion through dual prosecution threat.

If Case Becomes Federal

Warning signs: Interstate activity, large quantities (1kg+ cocaine, 50g+ meth, any fentanyl), federal agents present, HIDTA investigation, prior felonies, meth/fentanyl involved, wiretap evidence.

Don’t make statements to ANY agency. Don’t make statements. LAPD reports shared with federal agents through task forces (DEA HIDTA, OCDETF). Statements to LAPD used in federal prosecution. No “off the record.” Federal agents may interview you in county jail. Anything you say builds federal case.

Don’t assume state charges only. Federal prosecutors review state cases. Even if only LAPD arrested you, federal prosecutors can file federal charges later. Federal grand jury can investigate while you’re in county jail.

Strategic decisions: Plead guilty state court quickly (3-5 years), hope feds decline? Risky. Wait for federal charges, cooperate for substantial assistance departure? Risky. Fight state charges; if suppression motion succeeds, feds may decline? Maybe.

Defense strategy differences: STATE COURT – probation possible, drug treatment (Prop 36, Drug Court), challenge searches under California Constitution, local jury, elected judges. FEDERAL COURT – cooperation REQUIRED, suppression harder (good faith exception), trial penalties severe, federal jury pro-government, judges appointed for life.

Cooperation timing matters. Cooperate early = better substantial assistance departure. Federal prosecutors value cooperation BEFORE indictment. Plead guilty state court first? Lose leverage with feds.

What to do RIGHT NOW: Invoke right to counsel for ALL investigations (state AND federal). Say: “I am invoking my right to counsel for any investigation, whether state or federal.” Don’t cooperate without attorney guidance on BOTH exposures. Wrong cooperation decision = worst outcome.

You have Constitutional protections – right to counsel, Fifth Amendment, due process. ONLY if you assert them. Unlike other law firms who are more focused on their relationship with prosecutors and judges, Spodek Law Group protects YOUR Constitutional rights. We challenge illegal federal adoption, suppress statements taken without proper warnings, force prosecutors to choose state OR federal (not both). We are available 24/7 for a risk-free consultation. If you’re arrested for drug trafficking in California: Don’t make statements. Don’t assume state charges only. Invoke your right to counsel. Call us. 212-300-5196.