Can a probation condition that prohibits the possession of a controlled substance without the knowledge of a physician be modified?

In People v. Rodriguez (2013) 222 Cal.App.4th 578, the defendant challenged as unconstitutionally vague and overbroad a probation condition that she " '[n]ot use or possess alcohol, intoxicants, narcotics, or other controlled substances without the prescription of a physician . . . .' " (Id. at p. 592.) This court concluded that "a scienter element is reasonably implicit in this condition" with respect to controlled substances. (Id. at p. 593.) However, this court also recognized that the probation condition was not limited to substances regulated by statute. (Id. at p. 594.) This court ordered the condition be modified to add an express knowledge requirement to "eliminate any potential for vagueness or overbreadth in applying the condition." (Ibid.) The Attorney General takes the position that the knowledge requirement is implied in the probation condition, but does not oppose a modification of the condition to add a knowledge requirement.¹¹ Accordingly, we will order that the condition be modified.