Does a condition prohibiting a defendant from trafficking in controlled substances need to include an express scienter requirement?

The portion of the condition prohibiting defendant from trafficking in controlled substances does not require an express scienter requirement for the reasons we have explained. The condition implements a statutory prohibition against selling controlled substances that already incorporates a scienter element. (See People v. Coria, supra, 21 Cal.4th at p. 878.) However, as the Attorney General concedes, the prohibition against associating with persons who use or traffic in controlled substances is not sufficiently narrow because it limits defendant's association with persons not known by her to be users or sellers of controlled substances. (People v. Garcia, supra, 19 Cal.App.4th at p. 102.) Consequently, the condition should be modified to specify that defendant shall not associate with persons known by her to be users or traffickers of controlled substances.

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