
Quoting
jk
I understand that and that was not my point. My point was to challenge the ruling, you will likely have to be in a position that allows you to do that. In the law, most of the time, to file a challenge to a ruling or law, you must be in a "bad position". The courts tend to not allow challenges to rulings or law unless it directly affects you and the only way you can show it directly affects you is to be deemed in violation of the terms of your probation; e.i., in a bad position.
did you read missy's link? It provides a case which should support your use of marijuana but again, to utilize that, you will likely have to be in a situation of being charged with a probation violation. You can try to get another hearing in front of a judge and present that but if he does not change the terms and allow the use, again, until you are charged with a probation violation, you are where you are.
does the crime underlying the probation involve drugs? If so, a judge is not likely to loosen the rules on the marijuana use regardless what you show him.
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. I think your chances of getting the judge to change the restriction just went from slim to no way is it happening.
that would be incorrect. You are required to test. It is just that the po, currently, does not require you to submit to a test. If you meant you are not required to test per some schedule, you are apparently correct.
the po has a lot of discretion here. They can not violate you no matter what you do, even if the court order has some certain restriction. Just the same, if they do violate you, you have no defense such as; my po said it was ok. They are simply covering their backside.