In re L.G., 2026 Cal. App. Unpub. LEXIS 4733 (Cal. Ct. App. 2026)

The California 2nd District Court of Appeal held that a probation condition prohibiting the association with anyone possessing weapons and controlled substances was unconstitutionally overbroad. The court stated in relevant part:

“‘The juvenile court has wide discretion to select appropriate conditions,’ but ‘[a] probation condition that imposes limitations on a person’s constitutional rights must closely tailor those limitations to the purpose of the condition to avoid being invalidated as unconstitutionally overbroad.'” (In re Ricardo P. (2019) 7 Cal.5th 1113, 1118.) “[W]hile we generally review the imposition of probation conditions for abuse of discretion, we review constitutional challenges to probation conditions de novo.” (People v. Appleton (2016) 245 Cal.App.4th 717, 723.)

The two conditions at issue are overbroad because they encompass people who legally possess weapons and use controlled substances. We will modify these conditions to specify that they apply only to illegal possession or use. While the word “trafficking” seems to imply illegal conduct, to remove any doubt, we will also specify that the trafficking must be illegal.

Finally, the condition prohibiting association with those using or trafficking in controlled substances lacks a knowledge requirement. “[M]odification to impose an explicit knowledge requirement is necessary to render the condition constitutional.” (In re Sheena K. (2007) 40 Cal.4th 875, 892; see also People v. Garcia (1993) 19 Cal.App.4th 97, 101-102.)