What is the current interpretation of section 11372.5 of the Health and Safety Code and what is the impact of this interpretation on the crime lab fee?
California, United States of America
The following excerpt is from People v. Cardenas, C082029 (Cal. App. 2017):
If I were writing on a clean slate, without 20 years of judicial interpretation of Health and Safety Code section 11372.5 and our high court's opinion in People v. Talibdeen (2002) 27 Cal.4th 1151, which declined to disturb this ongoing interpretation, I would find the crime lab fee is an administrative fee, not a fine or a penalty, and therefore not subject to penalty assessments. I write separately to explain why.
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