cannabisnews.com: Marijuana Activist Fights New Jail Time 





Marijuana Activist Fights New Jail Time 
Posted by CN Staff on September 17, 2002 at 14:44:05 PT
By Matthew Reilly, Star-Ledger Staff 
Source: Star-Ledger 
Self-styled freedom fighter and marijuana legalization activist Edward Forchion, who has toked up on the floor of the New Jersey Assembly and inside a congressman's office, will find out today if his freedom goes up in smoke. The so-called "New Jersey Weedman" was serving a 10-year sentence for conspiracy to possess marijuana with intent to distribute when he was released into New Jersey's Intensive Supervision Program in April after serving 16 months. 
Today's court hearing before a three-person ISP Resentencing Panel will determine if Forchion violated the terms of his early parole by filming three television commercials the state contends advocate the use of marijuana. The ISP forbids such advocacy. Forchion's court-appointed lawyer, John Vincent Saykanic of Clifton, said Forchion did not violate the terms of his parole because his commercials, which have never aired, do not advocate marijuana use. And even if they did, Saykanic said, the First Amendment prevents the state from suppressing Forchion's opinions. "Even assuming that ISP had the right under the First Amendment to prohibit Mr. Forchion from advocating the use of marijuana, Mr. Forchion never does advocate the use of marijuana in any of these commercials," Saykanic said. What he does advocate, the lawyer said, is a change in the law, citing transcripts of the commercials. In the first, Forchion talks about free speech ("our freedoms of speech and religion have been weakened"). In the second, he discusses medicinal uses of marijuana ("Who do you believe, your doctor or your politician?") and in the third, he calls for an end to the war on drugs. ("How can we live in freedom when we imprison more of our own citizens than any other country in the world?") Saykanic said he has asked officials from the ISP to give him a copy of Forchion's early release terms, but has never received them. No one from the ISP office was available to comment yesterday. Saykanic said Forchion has been in jail since mid-August. "This case has been like 'Alice in Wonderland,'" Saykanic said. "The queen sentenced him first and scheduled the hearing afterward. He's been in jail a month and he still hasn't had the hearing." The New Jersey Chapter of the American Civil Liberties Union has filed a friend-of-the-court brief, citing the ISP report that indicated a "substantial factor" in revoking Forchion's ISP status was his producing the three videotaped commercials and his maintenance of an Internet site advocating a change in the laws on marijuana. "ACLU-NJ respectfully contends that expression that merely advocates for a change in current law is constitutionally protected, and exercise of such rights cannot form a basis for revocation of parole," wrote Ronald Chen of the Rutgers Constitutional Litigation Clinic. Chen is a cooperating attorney with the state chapter of the ACLU. The ACLU limited its position to the First Amendment issue and took no stance on any other factors the panel might be considering in whether to revoke Forchion's ISP status. Allan Marain, a lawyer from New Brunswick and a trustee and legislative director of the New Jersey chapter of the National Organization for the Reform of Marijuana Laws, said he will be attending today's hearing and offer his services to Forchion if the ruling goes against him. "If Edward is returned to prison solely on account of having sought a change in the law, I would represent him," Marain said. "John Saykanic has been sharing with me what he's been doing, and he's doing an absolutely fantastic job. But he's representing him as a pool attorney, and the scope of what he can do is limited." Forchion, of Pemberton Township, Burlington County, pleaded guilty in September 2000 after he was charged with helping his brother and another person pick up 40 pounds of marijuana that had been shipped via Federal Express to Camden County in November 1997. He was sentenced to 10 years as part of a plea bargain, which he said he accepted to only because he was promised admission into ISP. Forchion, who is a Rastafarian, said he used marijuana for religious purposes as well as medicinal benefits. He says smoking pot alleviates his asthma. He has said he hasn't smoked since he began serving his sentence. Forchion was once escorted from the New Jersey Assembly and arrested after he lit up a joint in the chamber and he also smoked a joint in the office of Rep. Rob Andrews (D-1st Dist.) "He is a dissident and a freedom fighter and he fights for what he believes in," said Saykanic. "However, he did not violate the conditions that were imposed upon him by the ISP." Note: Statements said to violate parole. Source: Star-Ledger (NJ)Author: Matthew Reilly, Star-Ledger Staff Published: Tuesday, September 17, 2002Copyright: 2002 Newark Morning Ledger CoContact: eletters starledger.comWebsite: http://www.nj.com/starledger/Related Articles & Web Site:ACLUhttp://www.aclu.org/NORMLhttp://www.norml.org/NJWeedman.comhttp://www.njweedman.com CRRH Video's - Weedman Takes Cause To TVhttp://www.crrh.org/hemptv/misc_weedman.htmlDay 5 of Weedman Hunger Strikehttp://cannabisnews.com/news/thread13937.shtmlNo Freedom of Speech for NJWeedman http://cannabisnews.com/news/thread13815.shtml
Home Comment Email Register Recent Comments Help




Post Comment