§ 372.5. — 372.5. (Added by Stats. 2022, Ch. 487, Sec. 1.)

California § 372.5.

• Jurisdiction: California
• Code PEN: Penal Code - PEN
• Title: 10.
• Part 1.: TITLE 10. OF CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY

Text

(a)
Notwithstanding Section 372, if a defendant is sentenced for a violation of Section 370 based on a disposition negotiated between the defendant and the prosecution, or pursuant to an indicated sentence of the court, a term of which includes the dismissal of one or more infraction charges that allege unlawfully cultivating, manufacturing, transporting, giving away, or selling a drug, or offering to transport, give away, or sell a drug, unlawful use of a drug, or unlawful possession or use of a drug or drug paraphernalia, public nuisance is an infraction punishable by a fine not to exceed two hundred fifty dollars ($250).
(b)
Notwithstanding Section 372, if a defendant is sentenced for a violation of Section 370 based on a disposition
negotiated between the defendant and the prosecution, a term of which includes the dismissal of one or more misdemeanor charges that allege unlawfully cultivating, manufacturing, transporting, giving away, or selling a drug, or offering to transport, give away, or sell a drug, unlawful use of a drug, or unlawful possession or use of a drug or drug paraphernalia, public nuisance is punishable by a fine of not exceeding one thousand dollars ($1,000), or imprisonment in a county jail for not more than one year, or by both that fine and imprisonment, or as an infraction punishable by a fine not to exceed two hundred fifty dollars ($250).
(c)
Notwithstanding Section 372, if a defendant is sentenced for a violation of Section 370 based on a disposition negotiated between the defendant and the prosecution, a term of which includes the dismissal of one or more felony charges that allege cultivating, manufacturing, transporting, giving away, or selling
a drug, or offering to transport, give away, or to sell a drug, or unlawful possession of a drug, public nuisance is punishable pursuant to subdivision (h) of Section 1170 for a period of 16 months, or two or three years, or by imprisonment in a county jail for not more than one year.
(d)
For purposes of this section, “drug” is defined as under Section 11014 of the Health and Safety Code.

Legislative History

Added by Stats. 2022, Ch. 487, Sec. 1. (AB 2195) Effective January 1, 2023.