Cal. Codes » Health and Safety Code / DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT / CHAPTER 6. Offenses and Penalties / ARTICLE 4. Miscellaneous Offenses and Provisions
California Codes

Cal. Health and Safety Code § 11372.7 (2026)

Miscellaneous Offenses and Provisions

✓ current as of May 2026
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(a)Except as otherwise provided in subdivision (b) or (e), each person who is convicted of a violation of this chapter shall pay a drug program fee in an amount not to exceed one hundred fifty dollars ($150) for each separate offense. The court shall increase the total fine, if necessary, to include this increment, which shall be in addition to any other penalty prescribed by law.

(b)The court shall determine whether or not the person who is convicted of a violation of this chapter has the ability to pay a drug program fee. If the court determines that the person has the ability to pay, the court may set the amount to be paid and order the person to pay that sum to the county in a manner that the court believes is reasonable and compatible with the person’s financial ability. In its determination of whether a person has the ability to pay, the court shall take into account the amount of any fine imposed upon that person and any amount that person has been ordered to pay in restitution. If the court determines that the person does not have the ability to pay a drug program fee, the person shall not be required to pay a drug program fee.

(c)The county treasurer shall maintain a drug program fund. For every drug program fee assessed and collected pursuant to subdivisions (a) and (b), an amount equal to this assessment shall be deposited into the fund for every conviction pursuant to this chapter, in addition to fines, forfeitures, and other moneys that are transmitted by the courts to the county treasurer pursuant to Sections 11372.5 and 11502. These deposits shall be made prior to any transfer pursuant to Section 11502. Amounts deposited in the drug program fund shall be allocated by the administrator of the county’s drug program to drug abuse programs in the schools and the community, subject to the approval of the board of supervisors, as follows:

(1)The moneys in the fund shall be allocated through the planning process established pursuant to Sections 11983, 11983.1, 11983.2, and 11983.3.

(2)A minimum of 33 percent of the fund shall be allocated to primary prevention programs in the schools and the community. Primary prevention programs developed and implemented under this article shall emphasize cooperation in planning and program implementation among schools and community drug abuse agencies, and shall demonstrate coordination through an interagency agreement among county offices of education, school districts, and the county drug program administrator. These primary prevention programs may include:

(A)School- and classroom-oriented programs, including, but not limited to, programs designed to encourage sound decisionmaking, an awareness of values, an awareness of drugs and their effects, enhanced self-esteem, social and practical skills that will assist students toward maturity, enhanced or improved school climate and relationships among all school personnel and students, and furtherance of cooperative efforts of school- and community-based personnel.

(B)School- or community-based nonclassroom alternative programs, or both, including, but not limited to, positive peer group programs, programs involving youth and adults in constructive activities designed as alternatives to drug use, and programs for special target groups, such as women, ethnic minorities, and other high-risk, high-need populations.

(C)Family-oriented programs, including, but not limited to, programs aimed at improving family relationships and involving parents constructively in the education and nurturing of their children, as well as in specific activities aimed at preventing substance use disorders.

(D)Primary prevention activities aligned with evidence-based best practices or identified in the Substance Use Prevention, Treatment, and Recovery Services Block Grant, authorized by Section 1921 of Subparts II and III of Part B of Title XIX of the Public Health Service Act.

(d)Moneys deposited into a county drug program fund pursuant to this section shall supplement, and shall not supplant, any local funds made available to support the county’s drug abuse prevention and treatment efforts.

(e)This section shall not apply to any person convicted of a violation of subdivision (b) of Section 11357 of the Health and Safety Code.

Notes of Decisions
Cited in 45 cases (6 in the last 5 years), 1992–2026 · leading case: People v. Martinez, 65 Cal. App. 4th 1511 (Cal. Ct. App. 1998).
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People v. Martinez, 65 Cal. App. 4th 1511 (Cal. Ct. App. 1998). · cites it 2× “Published Issues Drug Program Fee We asked the parties to brief the question whether, on a silent record, the failure to impose a drug program fee pursuant to Health and Safety Code section 11372.7, subdivision (a) was a jurisdictional error.”
People v. Sierra, 37 Cal. App. 4th 1690 (Cal. Ct. App. 1995). · cites it 3× “A $50 criminal laboratory analysis fee and a $100 Health and Safety Code section 11372.7 program fee, plus a $255 penalty assessment on the *1693 total of the two, 1 plus a $30 installment fee, for a total of $435, all payable at $50 a month.”
People v. Woods, 191 Cal. App. 4th 269 (Cal. Ct. App. 2010). “5, subdivision (a) laboratory fee and Health and Safety Code section 11372.7, subdivision (a) drug program fee are imposed as discussed in the unpublished portion of this opinion.”
People v. Turner, 118 Cal. Rptr. 2d 99 (Cal. Ct. App. 2002). “" [2] "The trial court also did not impose a drug program fee pursuant to Health and Safety Code section 11372.7. However, unlike Health and Safety Code section 11372.”
Bldg. Indus. Ass'n of the Bay Area v. City of San Ramon, 4 Cal. App. 5th 62 (Cal. Ct. App. 2016). “) Health and Safety Code section 11372.7, which establishes a drug program fee to be paid by defendants convicted of certain code violations, requires that the funds “deposited into a county drug program *77 fund pursuant to this section shall supplement .”
People v. Staley, 10 Cal. App. 4th 782 (Cal. Ct. App. 1992). “As to the drug program fees imposed by the court, Health and Safety Code section 11372.7, subdivision (a), provides in part: “Except as otherwise provided in subdivision (b) .”
People v. Webb, 220 Cal. Rptr. 3d 679 (Cal. Ct. App. 2017). “" Health and Safety Code section 11372.5, subdivision (a) provides that every person who is convicted of a qualifying offense "shall pay a criminal laboratory analysis fee in the amount of fifty dollars ($50) for each separate offense.”
People v. Turner, 96 Cal. App. 4th 1409 (Cal. Ct. App. 2002). “” “The trial court also did not impose a drug program fee pursuant to Health and Safety Code section 11372.7. However, unlike Health and Safety Code section 11372.”
People v. McCoy, 95 Cal. Rptr. 2d 86 (Cal. Ct. App. 2000). · cites it 2× “[4] Health and Safety Code section 11372.7, subdivision (a) provides: "Except as otherwise provided in subdivision (b) or (e), each person who is convicted of a violation of this chapter shall pay a drug program fee in an amount not to exceed one hundred fifty dollars ($150) for…”
People v. Wharton, No. B260317 (Cal. Ct. App. Jan. 12, 2016). · cites it 3× “5, subdivision (a) and the $150 drug program fee pursuant to Health and Safety Code section 11372.7, subdivision (a)? The parties filed simultaneous supplemental briefs and respondent filed a supplemental reply brief.”
People v. Webb, No. A147740 (Cal. Ct. App. July 12, 2017). · cites it 3× “) Penalty assessments are not applicable to monetary charges, usually referred 4 Health and Safety Code section 11372.5, subdivision (a) provides for a “criminal laboratory analysis fee” in the amount of $50 for each separate qualifying offense and Health and Safety Code section…”
People v. Walston, No. C092121 (Cal. Ct. App. Nov. 4, 2021). · cites it 3× “Health and Safety Code section 11372.7, subdivision (a), provides in pertinent part, “[E]ach person who is convicted of [certain narcotics offenses, including a violation of Health and Safety Code section 11377] shall pay a drug program fee in an amount not to exceed one hundred…”
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