Moore

*560 For each conviction of enumerated drug offenses, Health and Safety Code section 11372.5 1 imposes on defendants a criminal laboratory analysis fee not to exceed $50, and section 11372.7 imposes a drug program fee not to exceed $150. This appeal presents the issue of whether these fees are subject to additional penalty assessments under Penal Code section 1464 and Government Code section 76000. The trial court added penalty assessments to the criminal laboratory analysis fee imposed on defendant Zack Uriah Moore, III, after his conviction of section 11550, subdivision (a), for being under the influence of a controlled substance. In a published decision, the Appellate Division of the Nevada County Superior Court concluded neither section 11372.5 nor 11372.7 was subject to penalty assessments. ( People v. Moore (2015) 236 Cal.App.4th Supp. 10 , 187 Cal.Rptr.3d 132 ( Moore ).)

On our own motion, we transferred this matter for review. We conclude the levy imposed under section 11372.5 constitutes a fine or penalty that is subject to penalty assessments imposed by Penal Code section 1464 and Government Code section 76000. Despite the similarity of language used in *561 sections…