Fact Sheet on Penal Code § 372.5, effective Jan. 1, 2023

This fact sheet describes new Cal. Penal Code 372.5 ( AB 2195 ). As of January 1, 2023, a California defendant who is charged with any of several drug offenses, from infractions to felonies, can ask for the drug charge/s to be dismissed and instead to plead guilty to being a “public nuisance” ( Penal Code § 370 ). Section 372.5 provides that in this circumstance, the public nuisance offense is punishable as an infraction, a misdemeanor, or a “wobbler” offense, depending on the offense level of t