Jury upends marijuana law, NJWEEDMAN walks free
- By JEFF EDELSTEIN
- Posted: Saturday, 10/20/12 09:54 pm
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Ed “NJWeedman” Forchion/Gregg Slaboda photo
The Weedman did it.
Make no mistake about it: The
victory
Ed Forchion — the NJWEEDMAN — enjoyed on Thursday in the Burlington
County Courthouse certainly sets the stage for other marijuana users to
upend the unjust New Jersey (and national) marijuana laws.
Make no mistake about it: The
victory
Ed Forchion — the NJWEEDMAN — enjoyed on Thursday in the Burlington
County Courthouse certainly sets the stage for other marijuana users to
upend the unjust New Jersey (and national) marijuana laws.
I’ll get to the “unjust” part later, but first, a rehash (pun
intended) of the facts: Forchion was pulled over with a pound of pot in
his car and $2,000 in cash. According to the state laws, he was facing a
mandatory minimum
of three years in jail and a $25,000 fine for distribution. Forchion,
who has been fighting the marijuana laws in this state (and nation) for over
15 years, claimed it was for his own purposes. Medicinal, to be clear.
The county prosecutor pointed out during the trial that Forchion had
enough grass to roll 6,000 joints, which would seem to poke a hole in
the “personal use” defense. I mean, how many joints could Forchion smoke
in a day? Two? Five? Ten? (Actually, I don’t want to know.)
minimum
of three years in jail and a $25,000 fine for distribution. Forchion,
who has been fighting the marijuana laws in this state (and nation) for over
15 years, claimed it was for his own purposes. Medicinal, to be clear.
The county prosecutor pointed out during the trial that Forchion had
enough grass to roll 6,000 joints, which would seem to poke a hole in
the “personal use” defense. I mean, how many joints could Forchion smoke
in a day? Two? Five? Ten? (Actually, I don’t want to know.)
Forchion was seeking a hung jury, hoping to get a pothead-friendly juror to “nullify” the law. (Quick and dirty “jury nullification” definition: The jury decides the law is unjust, so they acquit.)
“jury nullification” definition: The jury decides the law is unjust, so they acquit.)
But what Forchion got was something much more than one person fighting for him. He got 12. A unanimous jury verdict, 12-0.
“Two of the jurors talked to me,” Forchion said in a Facebook
message. “They rejected the state’s case, the state’s law and agreed
with me about the flawed marijuana laws.”
So at least two jurors were on board with Forchion, and the other
10 either saw it his way, or, at the very least, didn’t think the
prosecution proved its case. Either way it was, quite frankly, a giant
middle finger to the state’s marijuana laws, and quite possibly a
soon-to-be textbook example of how to beat those same laws.
Make no mistake: This case will be noted.
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