cannabisnews.com: Up In Smoke





Up In Smoke
Posted by FoM on November 27, 2000 at 08:17:58 PT
By Tom Fernandez, Staff Writer
Source: Trentonian
Waiting in Canada for asylum in Cuba, the New Jersey Weedman is confident that he could argue out of existence the anti-marijuana laws in the Garden State. If only he was given a chance."I didn't get a fair trial. I have a right to choose my defense. I have a right to legal assistance. I chose to challenge the laws with the jury and I am entitled to assistance from counsel to do this," said New Jersey pot-legalization activist Edward Forchion.
Calling The Trentonian from an undisclosed location in Canada, Forchion said he will find out today whether officials will grant him asylum in Cuba.He also expressed conflicted emotions about his Canadian jaunt, declaring that he dearly missed his wife Janice and his five children: King, Daeja, Ajanea, Maria and Chanel."I'm a little stressed out and all. I don't know whether I made the right move or not," Forchion admitted over the phone.The practicing Rastafarian, who stunned onlookers in March when he lit a joint in the chambers of the New Jersey Assembly, faces a sentencing hearing Friday for charges on conspiracy and possession of marijuana with intent to distribute.Authorities allege that Forchion was part of a group that had shipped 25 pounds of marijuana to a business in the Bellmawr Industrial Park.In Oct., 1998, Forchion was indicted on the conspiracy and possession charges related to those allegations.Forchion pleaded guilty in state Superior Court to these charges but subsequently filed a motion to retract the plea.With Friday's sentencing hearing, Forchion could face up to 10 years in prison.However, he argued that he will not officially become a fugitive from American law enforcement until Friday.Forchion said that he will think about his next move after he receives the result of his asylum request from officials of Cuba, which he made last week."If nothing else, they took it seriously, I'll tell you that," he said.He added that he also made requests for asylum in several European countries and is waiting for a response from those governments as well.Forchion's argument for asylum is simple: He was denied a fair trial when officials denied him the right to use a legal defense known as "Jury Nullification."In this process, a defendant indicted of charges outlined in a newly enacted law can argue to a jury that the law is bogus.Forchion's argument was given support by a July 20, 1999 editorial written by Haddon Heights-based attorney David Marcos Ragonese -- who also stressed in the editorial that he did not approve of Forchion's lifestyle.In that editorial, Ragonese wrote of "jury nullification" that "it is an indispensable political right in a free, self-governing republic."Ragonese wrote later in the editorial that "jurors serving in New Jersey Superior Court are left in the dark regarding their power and right to pass on issues of law and fact in criminal prosecutions."Admitting that while consitutions of only three states (Maryland, Georgia and Indiana) explicitly protect "the right and power of juries to nullify the law," Ragonese argued that "I would agree that the New Jersey Constitution implicitly recognizes jury nullification and commands that jurors be instructed regarding their proper function."Even Camden's Assistant Deputy Public Defender Deborah C. Collins admitted to the power of "jury nullification" in a June 3, 1999 letter to Camden County Judge Ronald J. Freeman."Jury's power of nullification by finding guilty defendant not guilty is unfortunate but unavoidable power that should not be advertised, but to extent constitutionally permissible, should be limited; efforts to protect and expand jury nullification are inconsistent with real values of system of criminal justice," Collins wrote.Forchion argues that the Camden Public Defender's Office should have allowed him and assisted his efforts to use jury nullification against New Jersey's anti-marijuana laws.He argues that New Jersey's zero-tolerance pot policy is unrealistic given national trends of growing acceptance towards marijuana use for medicinal purposes -- which he said is legal in over 35 states."New Jersey marijuana laws, and the extreme prison sentences they prescribe, don't match up with the crime, nor with scientific fact or evidence."Note: Calling from an undisclosed location in Canada, Edward Forchion, a.k.a. New Jersey Weedman, said he will find out today if Cuban officials will grant him political asylum. -- The Associated Press contributed to this report. Source: Trentonian, The (NJ)Author: Tom Fernandez, Staff WriterPublished: Monday, November 27, 2000Copyright: 2000 The TrentonianAddress: 600 Perry St, Trenton, NJ 08618Website: http://www.trentonian.comRelated Articles & Web Site:Legalize Marijuana Partyhttp://www.tlmp.org/Advocate For Legal Marijuana Leaves Country http://cannabisnews.com/news/thread7757.shtmlLegal Marijuana Advocate Flees To Canada http://cannabisnews.com/news/thread7751.shtmlMarijuana Candidate Finds Plea a Bargainhttp://cannabisnews.com/news/thread7122.shtmlCannabisNews Articles - Ed Forchionhttp://cannabisnews.com/thcgi/search.pl?K=Forchion 
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Comment #2 posted by FoM on November 29, 2000 at 11:01:51 PT
Related Article
US NJ: Editorial: 'Weedman' - Chose His Own MethodURL: http://www.mapinc.org/drugnews/v00/n1780/a05.htmlNewshawk: QueenforchionPubdate: Sun, 26 Nov 2000Source: Cherry Hill Courier-Post (NJ)Copyright: 2000 Cherry Hill Courier-PostContact: cpedit courierpostonline.comAddress: P.O. Box 5300, Cherry Hill, N.J. 08034Website: http://www.courierpostonline.com/Feedback: http://www.courierpostonline.com/about/edletter.htmlRelated: http://www.mapinc.org/drugnews/v00/n1763/a09.htmlThe tale of "NJ Weedman" might be coming to an end … but not the way Edward Forchion envisioned. A self-styled crusader for marijuana and judicial reform, it turns out that Forchion is a common criminal, who now has run away from his punishment. The Browns Mills man had a flair for calling attention to himself and his alleged causes. While some people call for education reform, the Weedman pushed for the legalization of marijuana. It's not that far-fetched of a banner to wave. Some of the top minds in the country debate legalization of the drug. But Forchion liked to live on the edge when it came to promoting his cause. Over the years, he was accused of lighting up joints at the Camden County Democratic Headquarters, at the office of U.S. Rep. Rob Andrews in Haddon Heights and on the floor of the state Assembly. He also ran for various public offices on the "Legalize Marijuana Party" ticket. Forchion's brushes with the law finally caught up with him. He pleaded guilty to conspiracy and marijuana possession, but filed a motion to retract his plea. He is scheduled to be sentenced Friday. He could face a sentence of 10 years in prison. But the Weedman hopes he's not around for that. Last week, he called the Courier-Post and said he has sought asylum at the Cuban Embassy in Canada. His motive: "I can't just walk into jail." We don't feel a bit sorry for Forchion, who chose his methods of protest with a full knowledge of what could happen to him. In hindsight, he probably wishes he had utilized more conventional forms of dissent. We do recognize that there are victims who will be harmed, though. Namely, his four children, whose dad might wind up behind bars for a long time or living in a foreign country to avoid prison. It's time to step up and take it like a man, Ed. Come back home to Camden County. Serve your time - which could be as little as six to 30 months. Do the right thing. Then, if you want to continue your fight to legalize marijuana, do so - but do it in a way that allows you to come home to your children every day. 
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Comment #1 posted by observer on November 27, 2000 at 09:57:58 PT
Jury Nullification - Traditional Common Law Right!
Visit FIJA's site for more information on your right as a juror to judge the law as well as the facts of the case. This applies to jurors in most English-speaking countries: US, UK, NZ, Canada, Australia, and others (I.e., as a juror, you may legally acquit if you don't like a given law, even if the defendant clearly did what he was accused of. This is supposed to be one last-resort check on tyrannical laws, which is why judges and prosecutors HATE fully informed juries.)see:Fully Informed Jury Associationhttp://www.FIJA.org1-800-TELLJURY and 1-800-TELJURY 
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