Legal Question in Criminal Law in California

The terms and conditions of your probation supersede any legal rights under the law which conflict with your probation terms. You agreed to that result when you agreed to probation in lieu of other punishment on the underlying offense. Your criminal defense attorney can make a motion to the court to modify your probation to remove the prohibition against your use of marijuana. But you should not expect the court to grant that motion. Rightly or wrongly, courts are not generally persuaded that the palliative use of marijuana is a necessity. The likely result here is that you must comply with your probationary terms through the end of probation.