Innocent Intoxicants

March 12, 2014

  • 350H Sentencing and Punishment
  • 350HIX Probation and Related Dispositions
  • 350HIX(G) Conditions of Probation
  • 350Hk1964 Particular Terms and Conditions
  • 350Hk1980 Intoxicants and Controlled Substances
  • 350Hk1980(2) k. Validity.

350H Sentencing and PunishmentProbation condition stating that a probationer could not “use or possess alcohol, intoxicants, narcotics, or other controlled substances without the prescription of a physician” would not be unconstitutionally vague or overbroad if an express knowledge requirement was added, even though the category of “intoxicants” could include common items such as adhesives, bath salts, mouthwash, and over the counter medicines.

People v. Rodriguez, 222 Cal. App. 4th 578 (2013)