{"data":{"id":"us-ca/pen-372.5","jurisdiction":"us-ca","citation":"PEN § 372.5","heading":"","body":"(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).\n(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).\n(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.\n(d) For purposes of this section, “drug” is defined as under Section 11014 of the Health and Safety Code.","path":["Penal Code - PEN","PART 1. OF CRIMES AND PUNISHMENTS [25. - 680.4.]","TITLE 10. OF CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY [369a. - 402c.]"],"source_url":"https://downloads.leginfo.legislature.ca.gov/pubinfo_2025.zip","current_through":"2026-09-13","vintage":"","retrieved_at":"2026-09-14T05:56:33Z","sha256":"66b8107c8bea56aacb7867ae9ec194a4e3f7314daf53c35f974197a13f8edb89","source_id":"us-ca","stale":false,"prev":"us-ca/pen-372","next":"us-ca/pen-372.7"},"notice":"GroundRules: Original legal text. Not legal advice."}