Ed Forchion

Ed Forchion
Born Robert Edward Forchion, Jr.
(1964-07-23) July 23, 1964
Camden, New Jersey, U.S.
Other names NJ Weedman
Occupation Activist, actor, writer, restaurateur
Known for Cannabis rights activism
Political party Legalize Marijuana Party

Robert Edward "Ed" Forchion, Jr. (born July 23, 1964), also known as NJWeedman, is an American Rastafari cannabis rights and free speech activist, frequent candidate for public office, actor, writer, and restaurateur.[1]

A resident of New Jersey and California, he is a registered medical cannabis user. He has been arrested and convicted for some of his activities and has mounted various legal defenses and challenges to laws regarding cannabis.

After his last arrest the state of New Jersey filed a motion on March 7, 2017, for pretrial detention to incarcerate Forchion until trial. Forchion held a hunger strike for nearly two weeks while being held without bail, calling himself a political prisoner.[2][3][4] The trial began October 26, 2017.[5] On November 8, the jury found him not guilty of one charge of second-degree witness tampering, and was hung on another charge in the third degree.[6] In January 2018, he was again denied bail, pending a re-trial.[7] His appeal to being denied bail and being released was denied in February 2018.[8] In May 2018 in the 2nd trial he was acquitted by a jury of witness tampering.[9] He had spent 447 days in jail.[10]

Background

Forchion was born in Camden, New Jersey, in 1964[1] and grew up in Sicklerville.[11] He is a resident of Browns Mills in Pemberton Township, New Jersey. Forchion graduated from Edgewood Regional High School in 1982 and attended Claflin College (1983–1984). He was a member of the New Jersey National Guard (1982–1984) and United States Marine Corps (1986). Forchion also owned and operated a trucking business.

Forchion is Rastafari. In 2001, he was diagnosed with tumors in his knees and shoulders, which later become cancerous and uses medical cannabis.[1] He is a registered medical cannabis user in California.[12] Forchion is father of five children and is divorced.[13]

NJ Weedman

Forchion uses the moniker NJWeedman.[1] He has attempted to have his name legally changed to NJWeedman.com (his domain name), but was denied, first by the courts in New Jersey in 2004 and in another case in California in 2011, which cited, among other things, comity with NJ's ruling.[14][15]

Forchion has been arrested several times and has mounted many legal challenges to his arrest and trials.[1]

Forchion was arrested for "intent to distribute" on November 24, 1997 in Bellmawr, New Jersey.[16][17] Forchion accepted a plea bargain for a 10-year state prison sentence in September 2000. In April 2002 he was released and admitted to New Jersey's intensive parole supervision program. State authorities claimed he violated terms of probation by filming several public service announcements advocating changes to New Jersey's drug laws and Forchion was held in jail. A federal judge later held that expulsion from the program and additional incarceration violated his free speech protections.[1]

In 2010 Forchion was arrested in Mount Holly, New Jersey after a traffic stop. He was charged with possession with intent to distribute and convicted of possession and sentenced to two years probation and a $2,500 fine. However, the jury couldn't reach a verdict on intent to distribute. A separate trial was convened.[18] and Forchion urged the jury to employ jury nullification to overturn an unjust law. The defense which proved effective and resulted in Forchion receiving a 12-0 verdict of acquittal.[19] Despite this victory, his conviction for possession led Forchion to later be convicted for violating the terms of probation, a sentence for which the judge jailed him for nine months, and for which he lost his appeal.[20][21][18] He was allowed out of custody intermittently to go to California for treatment of bone tumours (20 20-day periods of incarceration separated by 10-day periods of release). Forchion had a medical marijuana card from California and had argued that he was "convicted and sentenced to 270 days in jail only for bringing his legally prescribed medicine into the State of New Jersey."[22][23]

In 2012, federal agents in California raided his pot farm, confiscating the plants.[24][25] The case was eventually dismissed.[26]

Forchion was arrested April 15, 2013 in Evesham Township, New Jersey for possession.[27] Forchion soon after published online his legal brief to the court (which contends that New Jersey laws on marijuana are contradictory) for use by others to fill-in and use in their own defense.[28]

Forchion was arrested on various charges in Trenton in 2016.[29] On March 3, 2017, Forchion was arrested and charged with second-degree witness tampering and third-degree witness tampering.[30] He was ordered to be held without bail;[31][32] his appeal for release was denied.[33][34] Forchion was placed in pre-trial detention at the Mercer County Correction Center in Hopewell, New Jersey.[35] Forchion began a hunger strike on June 12[36] and ending it June 27.[37] In July 2017, Forchion made a motion to review his detention saying that his attorney had misrepresented him and that material evidence would clarify that his intentions would not qualitfy as witness tampering.[38]

Petitions for review and petitions for certiorari

Forchion, in a petition for review has asked the New Jersey Supreme Court for a discretionary review stemming from his conviction. He asked; "Should the holding in State v. Tate, 102 N.J. 64 (1986), barring the necessity defense for possession of marijuana for medical purposes, be modified or overruled?", claiming that the ruling was outdated.[39]

On March 8, 2016, Forchion and his lawyers filed a Petition for Writ of Certiorari to the U.S. Supreme Court (US Supreme Court Docket – 15-8533) with ten questions for review regarding race and religion as it relates to cannabis.[40][41] The court declined.[42]

Political candidacy

Forchon established the Legalize Marijuana Party in 1998 and has run as its candidate in the following elections:

Liberty Bell Temple and restaurants

Liberty Bell Temple II in Hollywood, next to Liberty Bell Lounge

Forchion has opened two temples, named Liberty Bell Temple II and Liberty Bell Temple III, which have been connected to adjacent restaurant lounges.[52][53] The names were inspired by the Liberty Bell in Philadelphia. In 1993, when the U.S. Congress passed the (42 U.S.C. § 2000bb(a)) Religious Freedom and Restoration Act which allows for the religious use of marijuana on federal grounds during the course of a religious ceremony, Forchion initiated "smoke outs" or "smoke downs" at the national monument.

The restaurant NJWeedman's Joint in Trenton, New Jersey opened in 2015.[54][55][56] and in 2016 was raided by local police and Forchon was arrested. The matter is subject of further litigation.[57][58][59] In February 2018, a judge dismissed 13 of 22 tickets for various violations, saying they were dispensed incorrectly.[60]

The restaurant reopened in May 2017 and was renamed "Weedbukx".[61] Starbucks informed Forchion and his partner that the logo for the new cafe was similar to theirs.[62][63]

Writing, film, television, and radio

Forchion wrote Public Enemy #420, published in 2010,[64] and Politics of Pot, Jersey Style: The persecution prosecution of NJweedman in 2014.[65] He has written for The Trentonian.[66] Forchion has appeared in various television programs and documentaries including a filming version of The Emperor Wears No Clothes (2009), How Weed Won the West by Kevin Booth (2010), 1000 Ways to Die: Fatal Distractions (2010), Supreme Court of Comedy: Tony Rock vs. Harland Williams (2010) and Million Mask Movement by Vinu Joseph (2016). He has spoken for various podcasts and radio programs.[67][68]

See also

References

  1. 1 2 3 4 5 6 7 8 Shea, Kevin (April 30, 2016). "NJ Weedman's long, strange trip as marijuana advocate". NJ.com. Retrieved May 18, 2017.
  2. ↑ Duffy, Christie (June 19, 2017). "NJ nurse with adopted son who suffers from seizures calls for less strict marijuana laws". PIX11-TV News.
  3. ↑ Hochron, Adam (June 22, 2017). "2nd week of hunger strike for NJ Weedman protesting his bail reform lock-up". New Jersey 101.5.
  4. ↑ Levinsky, David (June 25, 2017). "Celebrity bounty hunters come to Burlington County to fight bail reform". Burlington County Times. The pair cited the case of Pemberton Township native Ed Forchion, better known as NJWeedman, who has been held in Mercer County jail since March while awaiting trial for charges of witness tampering. He is currently engaged in a hunger strike to protest his inability to post bail. During Sunday's town hall, Chapman said he recently spoke to Forchion via phone in jail and considered him to be a political prisoner. "The guy is in jail for nothing and he's being held like Al Capone," he said. "This is a politically held prisoner under the new New Jersey bail law."
  5. ↑ "Trial of NJ Weedman, who is representing himself, is underway". NJ.com. Retrieved November 2, 2017.
  6. ↑ "NJ Weedman not guilty on 1 witness tampering count, jury hung on 2nd". Retrieved November 10, 2017.
  7. ↑ "Judge denies NJ Weedman's latest quest for freedom". NJ.com. Retrieved January 17, 2018.
  8. ↑ "NJ Weedman loses appeal to get out of jail, will go to Supreme Court". Retrieved May 30, 2018.
  9. ↑ "NJ Weedman acquitted of witness tampering at 2nd trial". Retrieved May 30, 2018.
  10. ↑ "NJ Weedman spent 400-plus days in jail. Turns out he was not guilty". Retrieved May 30, 2018.
  11. 1 2 3 Murphy, Bridget. "ONE ASSEMBLY CANDIDATE BRINGS NEW MEANING TO GREEN PARTY", The Press of Atlantic City, October 30, 1999. Accessed June 16, 2013. "Forchion, who grew up in the Sicklerville area and has four children, is currently working at a manufacturing plant in Hammonton."
  12. ↑ Rabiner, Stephanie (May 11, 2012). "'NJWeedman' Convicted of Pot Possession". FindLaw. Retrieved May 21, 2017.
  13. 1 2 O'DEA, COLLEEN. "The candidates for New Jersey's 12th Congressional District — NewsWorks". Newsworks.org. Archived from the original on January 14, 2017. Retrieved May 21, 2017.
  14. ↑ LeRoy Miller, Roger (2014), "Can a sole proprietor change his name to match his domain name?", Business Law Today, Comprehensive: Text and Cases: Diverse, Ethical, Online, and Global Environment (10 ed.), Cengage Learning, p. 718, ISBN 9781285974422
  15. ↑ "IN RE FORCHION - 198 Cal.App.4th 1284 (2011) - Leagle.com". Retrieved 16 May 2017.
  16. ↑ Forchion, Ed (November 3, 2015). "NJ Weedman". Dope Magazine. Retrieved 27 May 2017.
  17. ↑ Riley, Clint (November 25, 1997). "Three men arrested on Marijuana Charges". Courier Post. Retrieved 27 May 2017.
  18. 1 2 Spoto, MaryAnn (August 8, 2015). "NJ Weedman taking marijuana conviction to high court". NJ.com. Retrieved 21 May 2017.
  19. ↑ Jeff Edelstein (October 20, 2012). "Jury upends marijuana law, NJWEEDMAN walks free". The Trentonian. Archived from the original on June 28, 2017.
  20. ↑ "Ed Forchion the New Jersey Weedman, prisoner of the war on drugs". november.org. April 18, 2011. Retrieved 16 May 2017.
  21. ↑ Friedman, Matt (August 7, 2015). "NJ Weedman loses appeal of marijuana conviction". Politico. Retrieved 21 May 2017.
  22. ↑ Davis, Mike (November 8, 2013). "NJ Weedman asks Gov. Christie to waive staggered prison term so he can receive cancer treatment". NJ.com. Retrieved 25 May 2017.
  23. ↑ "NJ Weedman released from jail after judge reconsiders his sentence". Retrieved November 10, 2017.
  24. ↑ Associated Press (April 28, 2016). "NJ Weedman arrested again, for pot". Asbury Park Press. Retrieved 21 May 2017.
  25. ↑ Romero, Dennis (29 December 2011). "NJ Weedman's Marijuana Dispensary Liberty Bell Temple II Raided by DEA, He Says". Retrieved 30 May 2017.
  26. ↑ "LibertyBell Lawyers Get Federal Case Dismissed for Marijuana Grow". www.businesswire.com. Retrieved 30 May 2017.
  27. ↑ "NJ Weedman Ed Forchion Arrested for Pot Possession". New Jersey 101.5 – New Jersey News Radio. Retrieved 21 May 2017.
  28. ↑ Edelstein, Jeff (June 30, 2013). "Marijuana defense of the NJWeedman is working". The Trentonian. Retrieved 27 May 2017.
  29. ↑ Rojas, Cristina (August 9, 2016). "NJ Weedman indicted on 11 drug charges from raid of his Trenton restaurant". NJ.com. Retrieved 21 May 2017.
  30. ↑ Merrman, Anna web, NJ Weedman goes live on Facebook as cops arrest him, nj.com, retrieved 1 June 2017
  31. ↑ "Ed Forchion Denied Pretrial Release". Fully Informed Jury Association. March 30, 2017. Retrieved 7 June 2017.
  32. ↑ Merriman, Anna (March 7, 2017). "NJ Weedman will stay locked up on witness tampering charges, judge rules". nj.com. Retrieved 1 June 2017.
  33. ↑ Merrman, Anna. "NJ Weedman appeals decision to leave him in the joint". nj.com. Retrieved 1 June 2017.
  34. ↑ Merrman, Anna web, NJ Weedman spends 4/20 locked up after losing bail appeal, nj.com, retrieved 1 June 2017
  35. ↑ Mullane, JD (May 3, 2017). "Peaceful, patriotic pothead Ed Forchion calls from jail". Burlington County Times.
  36. ↑ Kent, Spencer (June 23, 2017). "NJ Weedman in 2nd week of jail hunger strike after being denied bail". NJ.com. Retrieved 23 June 2017.
  37. ↑ "NJ Weedman ends jail hunger strike at urging of 'Dog the Bounty Hunter'". Retrieved 13 July 2017.
  38. ↑ "NJ Weedman back in court trying to get out of jail". Retrieved 13 July 2017.
  39. ↑ CERTIFICATION FROM A FINAL JUDGMENT OF THE Defendant-Appellant :SUPERIOR COURT OF NEWJERSEY, APELLATE : DIVISION (DOCKET NO. 076425) (PDF). Retrieved 20 May 2017.
  40. ↑ Gotten, Valerie (5 April 2016). "Cannabis Activist Ed Forchion Challenges N.J. on Race and Religion Before the U.S. Supreme Court – California Newswire". Retrieved 21 May 2017.
  41. ↑ "U.S. Supreme Court may hear NJ Weedman's appeal of marijuana conviction". New Jersey 101.5 – New Jersey News Radio. Retrieved 21 May 2017.
  42. ↑ "U.S. Supreme Court declines to hear NJ Weedman's case". Retrieved 13 July 2017.
  43. ↑ "Official List Candidate Returns for House of Representatives For November 1998 General Election" (PDF). New Jersey Department of State. December 1, 1998.
  44. ↑ "Official List Candidate Returns for House of Representatives For November 2000 General Election" (PDF). New Jersey Department of State. April 17, 2008. Retrieved 27 May 2017.
  45. ↑ "8th Legislative District Part of Atlantic, Burlington and Camden Counties" (PDF). New Jersey Department of State. April 17, 2008. Retrieved 27 May 2017.
  46. ↑ "2004 General Election Burlington County Final Results" (PDF). New Jersey Department of State. November 30, 2004.
  47. ↑ "Election Statistics, 1920 to Present – US House of Representatives: History, Art & Archives". history.house.gov. Retrieved 29 May 2017.
  48. ↑ McGrath, Brendan (June 16, 2014). "N.J. Weedman files suit in attempt to make ballot for open congressional seat". NJ.com. Retrieved 18 May 2017.
  49. ↑ "LEGALIZE MARIJUANA PARTY". www.njweedman.com. Retrieved 21 May 2017.
  50. ↑ "Official Election Results for United States Senate 2006 U.S. Senate Campaigns" (PDF). Retrieved 29 May 2017.
  51. ↑ "New Jersey U.S. House 12th District Results: Bonnie Watson Coleman Wins". The New York Times. December 13, 2016. Retrieved 16 May 2017.
  52. ↑ "Njweedman's Liberty Bell Temple ii Raided By Lapd". The Los Angeles Journal For Education On Medical Marijuana. September 2010. Retrieved 25 May 2017.
  53. ↑ "Home". LIBERTY BELL TEMPLE III. Retrieved 21 May 2017.
  54. ↑ Haddon, Heather; Weiss, Jennifer (18 August 2015). "High Times in Trenton: A Temple Lights Up". Wall Street Journal. Retrieved 16 May 2017.
  55. ↑ Rojas, Cristina (June 15, 2015). "'NJ Weedman's Joint' opens in Trenton with $4.20 specials". NJ.com. Retrieved 25 May 2017.
  56. ↑ Ray, Penny (May 25, 2015). "NJ Weedman opens restaurant, sanctuary across the street from Trenton City Hall". The Trentonian. Retrieved 16 May 2017.
  57. ↑ Rojas, Cristina (August 9, 2016). "NJ Weedman indicted on 11 drug charges from raid of his Trenton restaurant". NJ.com. Retrieved 16 May 2017.
  58. ↑ Foster, David (August 9, 2016). "Indicted NJ Weedman hopes prosecutor takes 'ass whooping'". The Trentonian. Retrieved 16 May 2017.
  59. ↑ Nelson, Steven (May 25, 2016). "Man Arrested for Calling Cop 'Pedophile' Says the Law Allows It". U.S. News & World Report.
  60. ↑ "Judge dismisses 13 tickets against NJ Weedman". NJ.com. Retrieved February 9, 2018.
  61. ↑ Lacsamana, Pauline (March 24, 2017). "A Marijuana-Themed Restaurant in New Jersey Is Relaunching as 'Weedbukx' Next Month". The Daily Meal. Retrieved 25 May 2017.
  62. ↑ Merriman, Anna (March 23, 2017). "New logo for NJ Weedman's restaurant may look a bit familiar". NJ.com. Retrieved 25 May 2017.
  63. ↑ Shea, Kevin (May 15, 2017). "NJ Weedman hears from Starbucks about his joint's new logo". NJ.com. Retrieved 16 May 2017.
  64. ↑ Forchion Jr, Ras R. Edward; Booker, Daniel (2010), Public Enemy #420, CreateSpace Independent Publishing Platform, ISBN 9781450530316
  65. ↑ Forchion Jr, Robert Edward (2014). "Politics of Pot, Jersey Style: The persecution prosecution of NJweedman". Amazon. ASIN B00MO6KUUS. Retrieved 27 May 2017.
  66. ↑ "Forchion, passing the joint". The Trentonian. Retrieved 27 May 2017.
  67. ↑ "#njweedman". Spreaker. Retrieved 29 May 2017.
  68. ↑ "Nj Weedman". New Jersey 101.5 – New Jersey News Radio. Retrieved 29 May 2017.

Further reading

  • Yant Kinney, Monica (February 5, 2004). "NJ Weedman Picks Another Fight". The Philadelphia Inquirer via november.org.
  • Green, Johnny (February 23, 2012). "My Marijuana Hero – NJWeedman". The Weed Blog.
  • Krakora, Joseph E. (November 17, 2014). Pro Se Supplemental Brief And Appendix On Behalf Of Defendant-Appellant Edward R. Forchion, Docket Nos. A-004052-12T4 (Direct Appeal) and A-004477-12 (Appeal of Violation of Probation) (PDF). New Jersey Superior Court, Appellate Division.
  • Lassiter, Jay (May 2, 2016). "'NJWeedman' is No Joke. He's New Jersey's Cannabis Pioneer". Leafly.
  • Ballotpedia: Robert Edward Forchion Jr
  • "Ed Forchion". IMDb. Retrieved 21 May 2017.
  • Liberty Bell
  • NJWeedman's Joint
  • NJ Weedman
  • NJ Weedman Criminal Case
  • My Legal Lynching
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