California CodesBusiness and Professions Code - BPCDivision 2 — Healing ArtsChapter 9 — PharmacyArticle 20 — Prohibitions and OffensesSection 4338
In addition to any fine assessed under Section 4321, the judge may assess a fine not to exceed seventy dollars ($70) against any person who violates Section 4140 or 4142, with the proceeds of this fine to be used in accordance with Section 1463.23 of the Penal Code. The court shall, however, take into consideration the defendant’s ability to pay and no defendant shall be denied probation because of his or her inability to pay the fine permitted under this section.
Notes
Allows a judge, in addition to a fine under the referenced provision, to impose up to $70 on a person violating either specified hypodermic-needle section, with proceeds used under the cited Penal Code rule. The court must consider ability to pay, and inability to pay the additional fine cannot be a basis for denying probation.
Use as reference
Lexinter.net | California Code, Business and Professions Code - BPC § 4338 | https://laws.lexinter.net/codes/california/business-and-professions-code/division-2/chapter-9/article-20/section-4338