Victim of my Governments War on Drugs (Freedom)
Edward "njweedman" Forchion
In the Municipal Court of Cherry Hill N. J. -For the State
of New Jersey
October 22, 1999
State of New Jersey
Case # S-1998-931
vs.
Edward "njweedman" Forchion
Defendants Motion to dismiss
The
facts on which this motion is based are set forth as follows:
1. Defendant, Edward Forchion,
aka, “NJWEEDMAN” been charged with
Possession of Marijuana in violation of NJ Statue. 2c:35 ????
, Possession of (CDS) in
a motor vehicle. On April 28th, 1998 in the municipality of Cherry
Hill, NJ .
2. Mr. Forchion has been
a practitioner of the RASTAFARIAN faith for over
five years. RASTAFARI is a recognized religion which first took root
in Jamaica in
the nineteenth century and has since gained adherents in the United
States and
worldwide. It is among the 1,558 religious groups sufficiently stable
and distinctive
to be identified as one of the existing religions in this country.
See US Vs Bauer, 75
F.3d 1366 (9th Cir. 1996), Guam vs. Benny Toves Guerrero, CF0001-91,
Superior
Court of US Guam. (July-99).
3. Marijuana is a necessary sacrament
in the practice of Mr. Forchion’s
RASTAFARIAN religion.
(A). Members of the RASTAFARIAN religion,
including Mr. Forchion, use
marijuana in much the same manner as Catholic Church, (Christian) members
use the sacramental grape (wine) and the Native Americans use cactus (peyote).
(B). Mr. Forchion uses marijuana as the
body and blood of Christ. Mr. Forchion
uses marijuana in remembrance of Christ, as an aid in realizing the “GOD”
within
and to find his inner peace. Mr. Forchion uses marijuana for healing body,
mind,
and spirit. Mr. Forchion uses marijuana to be more in tune with creation
and all of
humanity. Mr. Forchion uses the safe healing powers of marijuana, instead
of the
more dangerous man-made chemicals he has been prescribed for his numerous
physical ailments, marijuana is Mr. Forchion’s medicine and spiritual sacrament.
(C). Marijuana is essential to Mr. Forchion’s eternal
salvation.
4. On April 28, 1999 Mr.
Forchion attempted to demonstrated his religious as
well as his medical use of marijuana, his sacrament, and his natural
herbal medicine
before the Party of the ruling local government. The democratic Party
at is Cherry
Hill NJ Democratic Party Headquarters- This act was a expression, or
request for
redress of grievances, a first amendment right.
5. Mr. Forchion a practicing RASTAFARIAN
prefers to use natural SAFE
non-addicting, “GOD-GROWN” marijuana to the man-made chemicals the
government of the state of New Jersey forces individual citizens to
use through its
regulatory system which ignores marijuana's medical value.
6. Mr. Forchion’s actions on this day (April
28, 1998), “burning a marijuana
joint” was a exercise in free speech, free expression in much the same
way a flag
burner is expressing his views, by burning the symbol of America, the
American
Flag.
(A). Mr. Forchion’s attempted “public demonstration
of the burning of his
sacramental
medicine” was intended to be a demonstration in free speech,
expressing
his different but correct viewpoint that marijuana is not a dangerous
addictive
substance, but a “gift of “GOD”. Therefore Constitutional.
(B). Mr. Forchion’s planned public demonstration,
of his medical as well as
spiritual use of Marijuana was interrupted by members of the Cherry Hill,
N.J.
Police department which placed Mr. Forchion under Arrest.
7. Mr. Forchion’s right to posses and use marijuana
is guaranteed by the NJ
Constitutions article I, (1),- which states: - safety
-
All
persons are by nature free and independent, and have certain natural
and inalienable rights, among which are those of enjoying and defending
life
liberty, of acquiring, possessing, and protecting property, and pursuing
and
obtaining SAFETY and happiness.
Mr. Forchion claims marijuana is a safe natural medicine, therefore
his use of, or
possession of, is protected by the NJ Constitutions article I
(1).
8. Mr. Forchion claims the state of New Jersey
has mis-classified marijuana.
The State of New Jersey has classified marijuana as a schedule (1)
drug. This
classification describes schedule 1 substances as having little or
no-medical value
in the US, addictive, and subject to abuse.
9. Mr. Forchion’s ascertain that marijuana
is safe, non addictive and has plenty
of medical value, has been supported by the IOM - Institute Of Medicines
Report
titled “Marijuana as a medicine” commissioned by General Barry MCCaffery
of
the ONDCP, in 1996. The results of this scientific report where made
available to
the public on March 18th, 1999. Which he has attached a copy
of.
10. Citizens in 6 states and the district of Columbia
have legalized marijuana for
medical purposes.
(A). ( Arizona, California, Alaska, Washington
State, Oregon and Nevada.) 5 of
these states have since enacted legislation legalizing Marijuana for medical
uses
(recognizing medical value) marijuana for medical use.
(B). Nevada , per its constitution requires
its citizen initiatives to be voted on
twice. In 1998 it was first placed before the citizens who chose on
Nov. 2 1998 to legalize. The same initiative has been placed on the Nov.
2000
ballot. It is expected to pass again. Making it law.
11. 35 other states have also recognized Marijuana's
medical value including
NJ. (1982 Basano,????) - this law has been on New Jerseys legal
books since 1982.
(A). - This law was never removed.
12. Mr. Forchion claims equal protection
under the terms and guarantee’ of the
U.S. Constitutions fourteenth amendment.
(A) Mr. Forchion who at the time of his arrest was
a legal resident of the state of
Arizona
where marijuana is legal for medicinal purpose's.
(B) The federal government allows eight individual
citizens to consume and use
marijuana
and in fact provides the medical marijuana to these eight individual
citizens.
Mr. Forchion claims Hess entitled to no less equal protection.
13. Mr. Forchion faith “RASTAFARI” has
taught him the benefits of
marijuana and he has chosen to follow his faiths beliefs and practices
which teach
marijuana's safety, and use as a natural medicine.
14. Mr. Forchion faith, belief and practices
(religion) are substantially
burdened by the enforcement in this case of New Jersey Statues 2c:
35 ?? and 2c:
35???.
See Hobbie v. Unemployment Appeals Commission, 480 U.S. 146 (1987).,
Sherbert vs. Verner, 374 U.S. 398, 83 S. CT. 1790 (1963), Wisconsin
vs Yoder,
406 U.S. 205, 92 S. CT. 1526.
15. The US Constitution guarantee’ freedom
of religion for all citizens. In
addition to this Mr. Forchion’s right to free exercise is enhanced
by The NJ
Constitutions Article I (3),- which states:
No person shall be deprived
of the inestimable privilege of worshipping "Almighty GOD" in a
manner agreeable to the dictates of his own conscience,
Mr. Forchion in his own conscience has accepted his faiths, beliefs,
and knowledge
that marijuana consumption is essential to the following of his faith.
16. The state of New Jersey appears to have
chosen Christianity as the faith of the
state. The State of New Jersey following Christian practices in regards
to alcohol
use have allowed religious clerics of the Christian faith to serve
and process wine,
not only to adults but to minors (communion), while denying RASTAFARIAN
beliefs and practices such as the use of marijuana by adult members
of the RASTAFARI
faith. This has effectively made Mr. Forchion’s faith RASTAFARI a illegal
religion. In violation of the NJ Constitution. - Article I (4)
which clearly states:
(4) There shall be no establishment of one
religious sect in preference to another;
no
religious or racial test shall be required as a qualification for any office
or
public
trust.
17. Mr. Forchion being a resident of Arizona, detained
in the state of New Jersey
by bail - (indictment # 3596-10-98) in connection with his Nov.24,
1997, at the
time of the disputed arrest (April 27, 1998) claims the protection
of the Religious
Restoration Act of 1993. Mr. Forchion being a interstate traveler seeks
federal
protection against religious persecution in the State of New Jersey,
while being held
against his will within the State of New Jerseys jurisdiction.
18. The state of New Jersey is in violation of its
own Constitution as well as the
US Constitution and subsequent acts such as the (RRA), the Religious
Restoration
Act, the (RLA) Religious Restoration Act. In prosecuting Ed Forchion
for exercising
his religious freedom guarantee.
19. Mr. Forchion demands to be Judged by a
jury of his peers, as per the seventh
amendment of the US Constitution and the NJ Constitutions Article I
(10). Since the
State of New Jersey, the municipality of CHERRY HILL refuses
to grant Mr.
Forchion’s right per the seventh amendment, and Article I (10) of the
NJ
Constitution:
(A). Mr. Forchion motions the court to dismiss
the charges, separately based on
its refusal to abide by the US Constitutionals 7th amendment which clearly
doesn't
give a exception for “municipal courts in New Jersey” - the right to a
jury trial is
absolute.
(B). The NJ Constitution also guarantees
the right to a jury trial. Mr. Forchion
demands this right be enforced, or request that Cherry Hill NJ drop the
charges,
leveled against him.
(C). The State of New Jersey, Municipality
of Cherry in forbidding Mr. Forchion
Constitutional rights of trial by Jury, is avoiding Jury Nullification.
Which is a
constitutionally acceptable function of a Jury. Mr. Forchion plans as
a defense
to openly advocate to his jury that the law infringes upon his right to
religious
freedom and its his “right to free exercise”. By withholding Mr Forchion’s
right
to a jury trial the state of New Jersey, municipality of Cherry Hill is
violating me
Forchion’s as well as the “PEOPLE of the State of New Jersey” a means for
redress.
20. Mr. Forchion claims protection
per the ninth amendment: Mr.
Forchion claims through the ninth amendment his right to regulate his
own
body is being infringed upon by the state of New Jersey, municipality
of
CHERRY HILL , NJ.
21. The NJ State status Mr. Forchion is charged with
are a violation
of Mr. Forchion’s NJ and US Constitutional rights to freedom of
religion.
(A). The failure of these statues to accommodate
individuals religious
views, practice's and belief's are what what them unconstitutional.
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I HEREBY CERTIFY that a copy of the
this motion will be presented to the State of New Jersey on the next court
appearance. Oct. 27, 1999 - A copy will also be made available to
the State Attorney Generals Office as well, soon thereafter. This is the
Defendants self prepared motion, and will be presented to the court and
its officers if court appointed lawyer (Scott Schwieger) fails to
present a more legally written, and prepared motion. Mr. Forchion has informed
Scott Schweiger of his intention of raising a religious defense,
medical defense, and a challenge to the Constitutionality of the NJ State
Statue’s he’s charged with violating. This motion to dismiss is based
on these legal defense’s .
Respectfully, Defendant
Edward “njweedman” Forchion
“JAH BlESSED” |
I presented this MOTION to Dismiss - before
Cherry Hill twp., Court on Oct., 27., ( And
a very similar one in Haddon Heights NJ the night before -Oct-26)
- When I prepared this motion I knew Scott Schwieger, & (Steve
Pazon) my court appointed lawyer's were not
going to prepare this motion as I had requested, so I did it myself. --
The Courier Post story (OCTOBER
28th) incorrectly state's my previous lawyer
from Haddon Heights (Steve Pazon) had helped me with this motion. He didn't
help me with this, I talked to him as well as Scott about what I wanted
to do, he was just very receptive of my concerns. So far none of the lawyers
assigned to me in any of my case's have been willing to help me. - The
Camden County Public Defender's Office, (Micheal Freidmann) in my (BIG
CASE ) actually wrote a letter (May 20th) to
Judge Freeman saying they weren't going to defend me as I wished to be
defended. It is part of the documented case history. Anyway the case was
continued until Feb 23, and 29th respectively.
|
Motions heard and denied
On
Feb. 23rd, 2000 The above motion was heard in Cherry Hill Twp. Municipal
Court. It was denied.
On Feb. 29th, 2000 the
above motion was also heard in Haddon Heights municipal Court. It
was denied.
* I filed appeals for
both on March 02nd, 2000
in Camden County Superior Court. |
COURIER POST - March 13, 2000
South Jersey section - Page 1
 |
Ed Forchion waits outside Cherry Hill Municipal Court (Feb. 23rd)
with his son "KING". Forchion is appealing a recent marijuana conviction,
con - tending he needs the drug for pain relief and as part of his religious
beliefs, and practice's.
By Renee Winkler
Courier Post Staff
http://www.courierpostonline.com
Arrest force Ed Forchion to reconsider agenda
Marijuana reform campaign falters
|
(Cherry Hill-NJ) - Ed
Forchion has stumbled in his campaign for marijuana reform. The former
cross-country trucker pleaded guilty recently in two municipal courts to
violating state laws by lighting up marijuana joints at Camden County Democratic
Headquarters in Cherry Hill and at the office's ofU.S. Rep. Rob Andrews
in Haddon Heights, both in April 1998, while he was campaigning for county
freeholder on the "legalize Marijuana Party" ticket. But Forchion, 35,
has appealed the convictions, saying he needs the drug for pain relief
and to fully exercise his Rastafarian religion.
He also faces trial in
State Superior Court in Camden on charges he conspired to posses with intent
to distribute about 40 pounds of marijuana, stemming from an arrest on
route 42 in bellmawr in November 1997. His planned defense at that trial
will be to push for Jury Nullification, where the jury decides not to enforce
the law. He argues that, as with alcohol during Prohibition, the use of
marijuana isn't considered law breaking by most citizens.
The soft-spoken Forchion
doesn't fit the image many have of him from news reports and his WEBSITE.
At his recent Cherry Hill court hearing, some police and court officials
assumed another defendant - one with a ponytail, jeans and a stomach over
hang barely contained in brightly colored suspenders - was "NJWEEDMAN"
Forchion's internet identity.
In fact Forchion was the
guy in the hallway, trying to soothe his son who's not yet 2 and entertaining
his 4-year old daughter. Now unemployed due to health problems and the
loss of a truck he used for work, he's a fulltime baby sitter and house-husband.
He didn't bring his children with him to court for sympathy, he said, but
only because his back-up sitter, his mother-in-law, was sick.
 |
Ed Forchion wears a "Legalize
Marijuana Party" T-shirt to his recent hearing in Cherry Hill Municipal
Court on drug charges.
And Forchion, who will
be looking at a prison sentence if he's convicted in the Superior Court
case, is beginning to question why he didn't just stay in his house and
smoke marijuana out of site. "I never was a troublemaker," he said. "Growing
up in Sicklerville, I was a nerd. I was the guy who spent my spare time
in high school going fishing. I talk to the world on ham radio's. I'm a
guy who loves the internet.
"I thought I was doing
the American thing, pushing for marijuana reform. If you think you have
a right to free speech, just put a sticker on your car saying, "Legalize
Marijuana" he said. While campaigning for state Assembly and county freeholder
again last year summer, Forchion said, he was ordered to leave public property
in WOODBURY. He has backed away from his visible push - he also ran for
Congress in 1998 - to change state laws that classify marijuana, along
with herion and cocaine, as a Class 1 substance, carrying with it a state
prision term if convicted of distribution. That campaign was most visible
via the pro-marijuana banners he attached to his van, often parking in
public areas and entertaining questions from passers-by.
Arrested again last months
in Collingswood on a second charge of conspiracy to distribute marijuana,
Forchion has learned law enforcement doesn't forget. Although he posted
bail overnight on that charge, with the help of a national marijuana law
reform group, Forchion remained in Camden County jail for 10 days, unable
to satisfy a $1,300 fine imposed in Gloucester Township on charges of drug
and drug paraphernalia possesion and resisting arrest. He has appealed
that conviction, which usually puts collection of fines and penalities
on hold. The charge was based on FORCHION'S refusal to permit a township
officer to search his van without a warrant in May 98.
Coming home from jail
after his 10 day of incarceration last month, Forchion removed the banners
and has softened his campaign to legalize marijuana. I never went around
knocking on doors, but when I put up banners, people stopped and talked
to me. There are just as many 45- and 50- year olds as 18- and 19-year
old- kids. I don't think marijuana should be used by children. I wouldn't
allow my children (FORCHION has four) to smoke marijuana and I don't smoke
in front of them. "Sometimes I wonder why I'm doing this. A few years ago,
my life was perfect. Today I'm thinking this is my last winter as a free
man."
While living in
Arizonia a few years ago, where marijuana is legal, Forchion said he never
got a ticket or arrested.
But after the 1997 arrest
in bellmarw, the government tried to confiscated his Kenworth Tractor Truck.
But he had not paid it off fully, and since he was behind on the payments,
the truck company took it back when they found out about his arrest. Forchion
said he had paid off all but $16,000 of the $56,000 purchase price.
That changed his personal
situation from being fully employed as a coast-to-coast truck driver to
being unemployed. "You don't get road rage when you smoke," Forchion said
of his former profession. "being mad at anyone, about anybody, is not a
worry."
After that, Forchion signed
up for a computer trianing program in burlington county run by the state
Office of Vocational Rehabilitation in the Labor Department. Despite being
innocent until proven guilty. "They said I couldn't be considered until
my legal status was settled," he said.
Now he is a full-time
caregiver, a house-husband for three of his children. He lost custody of
the fourth child when her mother challenged his appropriateness as a parent
in view of his marijuana arrest. Forchion, who lives in Browns Mills, said
becasue he began using marijuana when he was a teen-ager. Plagued with
asthma, he couldn't smoke tobacco, but marijuana eased his breathing and
he soon was able to stop using an inhaler, he said.
He served with the
New Jersey National Gaurd and later with the U.S. Marine Corps until getting
a medical discharge because of asthma. He then served in the U.S. Army
from 1987-1991.
"I'm a patriot" he said.
Forchion said he thinks
it more than a coincidence that his Feb. 7 arrest in Collingwoods came
momments after he talked to an associate he now believes is a government
informant. The arrest also came soon after Forchion offered to provide
some information that could discredit a Camden police officer who was involved
in the investigation of convicted drug kingpin Jose "JR" Rivera.
I always felt the
marijuana laws were wrong," he said. "I've participated in the July 4 protest
every year across from the White House and I've been on C-SPAN. I believe
in the constitution and I've never been in trouble before. My driving abstract
was empty and my first arrest was when I was 32.
I want a trial on this
(distribution charge). I believe plea bargains are illegal. It's nothing
but bribery by the state, an offer to give up your right to a jury trial
in return for walking away," Forchion said.
I don't believe the government
has the right to regulate my body. I think it's a freedom issue, and I
have the right to freely exercise my religion," he said, asserting marijuana
is as much a part of his religion as Catholic's who use communion wine
or native american's who use Peyote a cactus that forms natural LSD.
Now in these case's the:
* I'm not sure how this will effect my Superior Court case!
BIG/CASE-
Camden County Superior Court -UPDATE
On August 21st, the case's were heard before
the Camden County Superior Court Law division, my appeal was denied. That
same day I filed the same appeal in Trenton see story below.
http://www.zwire.com/site/news.cfm?newsid=777814&BRD=1697&PAG=461&dept_id=44551
Activist appeals pot busts:
The New Jersey "Weedman" has struck
again.
Political pot activist, and congressional candidate, Edward Forchion,
a.k.a NJWEEDMAN, filed an appeal Wednesday on marijuana possession convictions
stemming from two instances in 1998 during which he smoked a joint in the
Camden office of Congressman Rob Andrews.
Forchion, a practicing Rastafarian who shocked onlookers in March when
he lit another doobie in the chambers of the New Jersey Assembly, argued
in his brief that the convictions violate his religious rights and also
deny him a critical treatment for a variety of medical afflictions.
"The marijuana laws of New Jersey are based on lies," declared Forchion,
who is running on the Legalize Marijuana Party ticket for New Jersey’s
First Congressional District seat, during a visit to The Trentonian.
"Everyone in prison for marijuana use is there because of lies. They
are political prisoners," he added.
The pot-smoking incidents related to his current convictions took place
on April 27 and 28, 1998, according to Forchion’s appeal document.
The document states that "on or about April 2, 1998" Defendant Edward
Robert Forchion wrote a letter to Congressman Rob Andrews asking him to
support the passage of legislation pending before Congress that would have
legalized marijuana use for medical purposes.
Reportedly angered by Andrews’ response in another letter, the document
states, Forchion visited the congressman’s office on April 27, 1998, smoked
a joint to demonstrate its medicinal benefits and then left the office.
An hour later he returned to Andrews’ office and smoked another joint.
He was subsequently arrested.
The next day, the document states, Forchion went to The Democratic Party
headquarters in Cherry Hill, where he smoked another joint to demonstrate
the plant’s power. He was also promptly arrested after this incident.
On February 23 and 29, 2000, Forchion was convicted for marijuana possession
for these arrests.
Carrying a massive file of medical reports, Forchion argued Wednesday
that marijuana smoke was crucial for treating his afflictions of asthma,
depression, chronic pain and trauma-induced epilepsy.
In his appeal brief, Forchion writes "It is NJWEEDMAN’s contention that
he has a fundamental right under the United States Constitution, and the
New Jersey Constitution to make rational choices regarding his medical
care, and that the state may not limit his choices for effective medical
treatment without demonstrating a compelling need and employing a means
that it narrowly tailored to accomplish its objective."
"I could have kept my marijuana smoking private, like most people do.
But because I’m honest and forthright about what I do, I’m now in legal
trouble," Forchion declared.
A hearing on the issue has been scheduled for August 28.
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THESE CASE'S ARE
NOW BEFORE THE N.J. SUPREME COURT:DOCKET NO. - 51,963
"as of Nov. 2001" the court should rule in summer 2002
In the mean time "NJWEEDMAN"
was imprisoned for the "BIG CASE"
after a totally unfair trial &
"Sentenced to 10 years on DEC.1st, 2000"
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RETURN TO "NJWEEDMAN" HOME-PAGE |
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