What is the test for a probation condition that prohibits the possession of "intoxicants" without the supervision of a physician?

California, United States of America


The following excerpt is from People v. Castellanos, H042594 (Cal. App. 2016):

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) Noting that " 'intoxicants' . . . is susceptible of different interpretations, which may include common items such as adhesives, bath salts, mouthwash, and over-the-counter medicines," this court concluded

Page 7

Other Questions


Can a probation condition prohibiting possession of firearms or ammunition be changed to prohibit possession of a firearm without a knowledge requirement? (California, United States of America)
Does a probation condition requiring that a defendant not to possess alcohol, intoxicants, or other controlled substances without the prescription of a physician have to be modified or modified? (California, United States of America)
Can a probation condition that prohibits the possession of a controlled substance without the knowledge of a physician be modified? (California, United States of America)
Is a probation condition that prohibits the possession of instruments to implement graffiti or does not give adequate notice about what is prohibited? (California, United States of America)
Is a defendant's probation condition conditioned upon payment of a probation supervision fee? (California, United States of America)
Is a section of the California Probation Code that prohibits the possession of a firearm and a quantity of illegal drugs sufficient to cause a violation of a probation condition? (California, United States of America)
Is a probation condition of probation valid if it prohibits a defendant from engaging in sexual acts while on probation that is not in itself criminal? (California, United States of America)
Is a challenged probation condition that prohibits a defendant from breaching the terms and conditions of probation unconstitutional? (California, United States of America)
Can a probation officer supervise a minor on probation without declaring him a ward of the court? (California, United States of America)
Does a probation condition prohibit a defendant from knowingly being in any building or vehicle where there is a dangerous or deadly weapon or near anyone who possesses such a weapon? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.