Proposal 1 gave you the right to smoke. However, when you signed your probation papers, you gave up your rights. Its bullshit that they take away your rights, but they do. The judge has to power to do whatever he feels like. Since I'm not a lawyer, I can't really give you any advice, but as a smoker, I recomend you say fuck your probation and spend a couple weeks in jail. For me, not smoking is just as bad as jail so I ended up blowing probation off, and serving 4 days. Of course my probation was paid off and I had become a legal patient since my original sentence. Law is all about money....if there was no such thing as money, there'd be no need for law.