If a term of probation is that you not use illegal drugs then in my view you cannot smoke marijuana. You need to go back before the sentencing judge and ask for clarification and/or an order modifying your probation condidtions to permit you to use the marijuana. The other concern is that marijuana use/possession is illegal under federal law, so such use/possession can be considered a crime adn thus a violation of probation. Again you need to seek clarification/modification from the court.
I would not attempt this. In addition to what my colleague said, the Federal Government is now starting to crack down on sham marijuana cards and dispensaries in California. Unless you truly have a debilitating ailment, I would not use the drug. If you do have a debilitating ailment I would seek approval from probation and the judge.
Judges impose probation as a "grace of the court" and the prohibitions they employ are very hard to fight. You could ask your probation officer if the agent thinks the judge would agree to an exception. Your attorney could then file a motion for the modification. I would not suggest proceeding with this motion without some very clear signal that it would be granted.
We do not have a client/attorney relationship until you make an appointment, we discuss your case face to face, I accept a retainer, and we explictly agree to enter into representation.
A term of probation is to not use illegal drugs or drugs without a valid prescription. You should speak with your probation officer as to whether or not you can use the drug without violating your probation. Do not use the drug without getting prior approval as you will likely be violated from probation if they find out about it, even if you do have a card.
Nothing in this web post constitutes legal advice. If you have a legal question please see my main site at <a href="www.dmcantor.com">Phoenix DUI and Criminal Lawyer David M Cantor</a> or call 602-307-0808.