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
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.