In addition to any fine assessed under Section, the judge may assess a fine not to exceed seventy dollars ($70) against any person who violates subdivision (a) or (b) of Section , or, if the offense involves intravenous use of a controlled substance, subdivision (f) of Section , with the proceeds of this fine to be used in accordance with Section .
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.
Ca. Pen. Code § 647.1