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


The following excerpt is from People v. Chiang, H040838 (Cal. App. 2015):

This court considered a similar probation condition in People v. Rodriguez (2013) 222 Cal.App.4th 578 (Rodriguez). The condition under consideration in Rodriguez required that the defendant " '[n]ot use or possess alcohol, intoxicants, narcotics, or other controlled substances without the prescription of a physician . . . .' " (Id. at p. 592.) In Rodriguez the defendant asserted that the condition had to be modified to include an express knowledge requirement. We disagreed, concluding that a knowledge requirement was "reasonably implicit" in the probation condition. (Id. at p. 593.)

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