When will probation conditions prohibiting the use and possession of alcohol, controlled substances and marijuana be stricken under the Lent test?

California, United States of America


The following excerpt is from People v. Jones, D073310 (Cal. App. 2018):

Jones challenges the probation conditions prohibiting the use and possession of alcohol, controlled substances, and marijuana, and requiring her to submit to drug and alcohol testing. She contends these conditions are not reasonably related to her crime or rehabilitation and are facially overbroad. The Attorney General agrees the drug and alcohol conditions must be stricken under the Lent test. (People v. Lent (1975) 15 Cal.3d

Page 4

481 (Lent).) On the particular record before us, we accept the Attorney General's concession.

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