HARVEY GOLDSTEIN 
ISP-MANAGER 
117 JERSEY ST. BLDG. 6 
P.O. BOX 974 
TRENTON, NJ 
08625-0974

N.J. ATTORNEY GENERAL 
HARVEY GOLDSTEIN
c/o CHRIS JACOBSON-DAG 
HUGHES JUSTICE COMPLEX 
P.O. BOX 112 
TRENTON, N.J. 
08625-0112 
file # 0204331

Assistant Attorney General
  Mr. Christopher Jacobsen
 Josepchr@law.dol.lps.state.nj.us
Hughes Justice Complex CN-112 
#25 Market St.
Trenton, N.J. 08625-0112

Assistant Attorney General 
Ms. Barbara J. Stoop
Stoopbar@law.dol.lps.state.nj.us
Hughes Justice Complex CN-112 
#25 Market St.
Trenton, N.J. 08625-0112

"THE-NJWEEDMAN" ARRESTED FOR DARING TO ATTEMPT TO AIR ANTI-DRUG WAR COMMERCIALS

DRUGWAR.COM

No Freedom of Speech for Ed "NJWeedman" Forchion 

by Preston Peet- for Drugwar.com

Ed "NJWeedman" Forchion

August 20, 2002

Political candidate and outspoken marijuana legalization proponent Ed “NJWeedman” Forchion is under arrest again in New Jersey. He was picked up by police at his weekly parole meeting and booked into the Burlington County Jail sometime between 3 and 11 PM on Monday, August 19, 2002. Apparently the arrest was for violating his parole agreements by filming a series of pro-marijuana and First Amendment commercials. Under the terms of his parole, Forchion is not allowed to publicly discuss marijuana in any way. Ironically, the commercials, which had been slated to run in four counties in New Jersey on the Comcast Cable Company, were barred by Comcast management before they aired. 

At this time details about his charges are still a bit sketchy, as the Burlington County jail refuses to divulge any information about the case other than that he is in the jail, alleging that they are not allowed to "release any information to civilians.” (The Burlington Co. jail later amended this statement, telling Drugwar.com that we were entitled to have this information, but only from the warden, who has not returned repeated calls.)

Forchion has a long history of fighting for the right to use marijuana, and of paying the consequences for battling prohibition. He’d had a couple of minor brushes with the law over petty offenses in his early years (but compared to many of the corporate crooks still sitting pretty without seeing the inside of a jail cell, he’s an angel of propriety). In November of 1997, having built up a thriving marijuana smuggling business while working as a truck driver driving his own rig, he was arrested in a sting operation as he and his brother were trying to pick up a FedEx package containing 40 pounds of marijuana. This lead to both brothers, along with a third friend, being the first people tried in New Jersey under the then-new Omnibus Crime Act, which allows for anyone convicted of trafficking over 20 pounds of pot, even their first offence, to do 20 years in prison. 

While awaiting trial, Forchion undertook a campaign to bring marijuana reform into the public consciousness, as well as the right to Jury Nullification (which is illegal in New Jersey) running unsuccessfully for office in the US congress and for the office of Burlington County Freeholder, as the sole member of the Legalize Marijuana Party. Forchion also undertook civil disobedience, lighting up joints in the New Jersey State Assembly and at the Liberty Bell, among a dozen or so very public places. Two years, 15 hearings, and three judges later, Forchion accepted a plea bargain of 6 months in jail and 27 months in New Jersey’s Intensive Supervised Parole program, after refusing to rat out his marijuana connections. Reporting to the Riverfront Prison in Camden, NJ, on Jan. 12, 2001, (where prison guards immediately found 10 joints secreted within the sole of his sneaker), Forchion was informed he was not yet eligible for ISP, due to his “extensive” criminal history. He did 15 months inside before finally getting released on April 3, 2002 into ISP. He almost immediately filed an appeal of his sentence, which if he looses he faces up to 20 years in prison.

“I'm still fighting this conviction,” Forchion wrote Drugwar.com in an email a few hours before his arrest Monday. “My parole officer (Tom Bartlett) also ordered me not to talk to the press. Which I regarded as a illegal order. Because I knew such a order not to talk to the press was illegal I gave a few interviews anyway. On May 27th, I stood outside the Burlington County Courthouse and protested my not being able to see my daughter because of the Religion [Rastafari] I have chosen. I passed out fliers and was interviewed by the Burlington County Times and the Trentonian.” On the following day he was placed under house arrest, then was arrested on June 6 and sat in jail for four days for speaking to the newspapers.

“I was livid,” writes Forchion, “this was totally un-American. So I contacted Peter Christopher of http://www.nextplayvideo.com/ (Activist video) and asked him if he could help me by making a couple of First Amendment commercials for me. He did, we made three. I went to Comcast here in Mt Laurel, NJ, and presented them. They (Comcast NJ) accepted them, had me sign a contract and I gave them a deposit. The office manager actually liked them.”

“In our standard advertising contract, there is a paragraph that prohibits habit forming drugs and illegal products from appearing in advertising spots. so it is a cut and dried situation for the company,” said David Shane, Comcast's vice-president of corporate communications. “The spots clearly violate the agreement that he signed, so as a result we returned his $100 deposit, and the company is not running the spots.” 

When it was noted that Comcast takes money from, and airs commercials by both the Office of National Drug Control Policy’s National Anti-Drug Media Campaign, and the Partnership for a Drug-Free America, Shane said, “They don’t promote the use of habit forming drugs or drug paraphernalia. Let me read you the contract, the clause in the contract. ‘The following material is explicitly prohibited. Drugs/illegal products, including habit forming drugs, drug paraphernalia, or establishments that promote these products. Also included is advertising for a product of service which is illegal or has no legitimate use in the country, state, or municipality where systems franchise area [sic] are located.' So it’s pretty clear these spots violate that portion of the contract.” 

Although it is clear that marijuana has many different legitimate uses despite the US prohibitionist rhetoric and laws to the contrary, and may or may not be habit forming for some people, Shane stuck to his guns, but did not mention whether or not pharmaceutical companies which market habit forming drugs on Comcast have to abide by this same agreement. He did note that “Anybody who advertises on Comcast signs this standard advertising contract. Again, anything promoting the use of habit forming drugs or drug paraphernalia are prohibited on Comcast.” 

“I’m so fucking mad I could spit,” Peter Christopher told Drugwar.com when contacted about Comcast‘s decision and Forchion’s subsequent arrest. “We’re trying to get activists to do stuff like this. Sponsor some public access, shoot their own video. It took about 4 hours one afternoon at Ed’s house. I’m almost embarrassed to tell you how quickly I edited them. We wrote them for 30 seconds slots, timed them, and tried them. Actually the commercials were written and edited by a friend of mine. We’re trying to influence people to come out and work with us. I think they will.” Christopher points out how the system has really gone after Forchion, because he represents the counter-culture, he is very loud about his beliefs, and is not afraid of the repercussions that have resulted for standing up for what he believes is right. 

“These things go unchallenged every day,” says Christopher. “Guys get tossed around, nobody does anything about it. Why? I think a lot of it is fear. I’m going to tell you this, and you think about it. It may have never occurred to you. The problem is the system has turned too many people. Four out of five people tell them everything they want to know. How can you go from that situation to being an activist? How can you look other people in the face and help them change the laws when you’ve told on them? Eighty percent of the people arrested tell all. Those are the statistics, they don’t lie.” But Forchion himself refused to roll over and tell all.

On Monday night, Forchion reported for his weekly parole meeting. At the end, everyone was told they could go except Forchion, according to Christopher, who spoke at length with Forchion later that night. Forchion was taken into custody, during which his new commercials were mentioned as the reason his parole was being violated, then taken to the Burlington County jail where he now sits.

Forchion does not yet have a lawyer assisting him. He is also seeking help in obtaining enough money to run the commercials in any venue he can get them on. 

“The War on Drugs is being fought by two sides, the Government side and the winning side,” Forchion points out. “Apparently Comcast only wants the government side’s opinions expressed. This is absolute censorship. Yes, I had a shirt on with a "weed-leaf". Comcast airs far worst! They aired my campaign commercials three years ago and in those I had a bong and a fake weed leaves hanging out my suit jacket pocket. It wasn't the shirt, it was the words they didn't like. I was questioning the War on Drugs and what it is doing to the principals of freedom this country was founded on. This is an example." 

BURLINGTON COUNTY TIMES

8/23/2002

MARIJUANA ADVOCATE JAILED FOR ESPOUSING LEGALIZATION OF DRUG 

Marijuana legalization advocate Ed "njweedman" Forchion is in trouble with the law again. 

Forchion was jailed Monday night after he violated the terms of the supervisory program in which he is enrolled, officials said yesterday. 

As a result, the Pemberton Township resident could be forced to return to prison to serve the remainder of his 10-year sentence on marijuana- related charges. 

Tom Bartlett, regional director for the Intensive Supervision Program, said Forchion violated provisions of the program by advocating marijuana use. 

Participants in the Intensive Supervision Program are released early from prison but must remain drug-free and abide by other regulations. 

"He agreed he was not going to promote marijuana use," Bartlett said.  "We tried to get him in compliance and he has not cooperated." 

In a telephone interview from the Burlington County Jail in Mount Holly yesterday, Forchion said he was told he violated the terms of the program by taping three television commercials in which he advocated the legalization of marijuana. 

Forchion said he simply expressed his opinions on free speech and the nation's war on drugs in the commercials. 

"This is America," Forchion said.  "I have every right to say what I want to say.  ( Parole officials ) just don't want me to talk." 

Forchion has long maintained that his First Amendment rights are being violated because he cannot freely practice his faith as a Rastafarian or state his beliefs. 

Forchion was charged with helping his brother and another man pick up a shipment of 40 pounds of marijuana at Bellmawr Industrial Park in Bellmawr, Camden County, in November 1997.  The marijuana was shipped from a supplier in Arizona via Federal Express. 

Forchion was tried on charges of distributing marijuana and possession of marijuana with intent to distribute in October 2000 but pleaded guilty to those charges and two unrelated charges during his trial.  He was sentenced to 10 years in prison in December 2000 and served 16 months in prison before he was admitted into the Intensive Supervision Program. 

Under the terms of the program, Forchion must refrain from smoking marijuana and must obtain a job.  He also must provide regular urine samples to demonstrate that he is staying clean. 

Forchion also cannot advocate the legalization of marijuana. 

In each of the three, 30-second commercials that he taped, Forchion wears a shirt bearing a marijuana leaf and stands in front of an American flag. 

In one of the commercials, he advocates free speech.  In another, he says that marijuana has medicinal benefits.  In the third, he criticizes the government's war on drugs. 

Forchion tried to buy time from Comcast to televise the commercials, but the cable company declined to air them. 

Comcast spokeswoman Nissa O'Mara said the commercials violated the company's advertising policy against promoting drug use. 

TRENTONIAN

8/31/2002

Day 5 of WEEDMAN hunger strike!

Ed "NJWEEDMAN" Forchion, sitting in Burlington County Jail for allegedly violating terms of his parole, has been on a hunger strike for the last five days

THE PHILADELPHIA WEEKLY

9/4/2003

In the Jackpot Again 

The Weedman lands back in the pokey for questioning pot laws.

JONATHAN VALANIA (jvalania@philadelphiaweekly.com) 

Ed Forchion, aka the New Jersey Weedman, is back behind bars for allegedly violating the terms of his parole by trying to get a series of anti-drug-war commercials aired on CNN. As per the terms of his parole--a sort of double secret probation called Intensive Supervised Parole (ISP)--Forchion is prohibited from publicly advocating the use or marijuana. Last April Forchion was released from prison, where he was serving a 10-year sentence on marijuana distribution and possession charges, and placed on ISP. 

Forchion's latest incarceration--the second time this summer he's been put behind bars for speaking to the media or airing his views on drug laws--stems from his attempt in early August to book airtime with Comcast Cable for a series of commercial spots that question the constitutionality and scientific validity of the criminalization of marijuana. 

Forchion was hoping to run the ads locally during CNN's America Remembers--Part 1, a look back at Sept. 11, but the spots never got past Comcast's legal department, which deemed them in violation of company policy against ads that advocate drug use. 

In the spots, Forchion never encourages or advocates the recreational use of marijuana. Instead, he argues that the war on drugs is unconstitutional. In all three spots, Forchion stands before an American flag, goateed and dreadlocked, wearing a T-shirt emblazoned with marijuana leaves. 

Prior to Comcast's refusal to air the spots, Forchion, who has been effective in advancing his opinions through the media, told both the Trentonian and the Burlington County Times that the ads were set to run. It was through these newspaper stories that Tom Bartlett, regional director of the ISP program, learned about the commercials and promptly had Forchion arrested on Aug. 19 and sent to New Jersey's Burlington County Jail. 

"He agreed that he would not promote marijuana use," Bartlett told the Burlington County Times. "We tried to get him in compliance, and he has not cooperated." 

An ISP parole hearing is scheduled for Sept. 17. "This is like Alice in Wonderland: sentence first, ISP hearing later," says Forchion's attorney, John Vincent Saykanic, who has filed a motion for bail. 

Forchion began a hunger strike on Aug. 26 and vows to continue it till his release. He told PW through an intermediary that he's concerned that prison officials will start force-feeding him. 

TRENTONIAN

8/19/2002

A FEDERAL CASE:

"WEEDMAN" seeks releif from higher court

The case of Ed "NJWEEDMAN" Forchion is headed to federal court.

Believing that he is being held in jail unconstitutionally, Forchion petitioned the federal district court in Camden for a "writ of habeas corpus" -- lawyer-speak for a federal judge to determine whether an inmate is being imprisoned lawfully.

Judge Joseph Irenas accepted Forchion's petition, and now the state has until Oct. 28 to explain to the judge why Forchion is sitting in the clink

"The judge clearly saw something legitimate," said John Furlong, a local lawyer and expert in these matters. "He [Forchion] made it through the door, which puts him head and shoulders above everyone else."

Furlong explained that the federal courts are deluged with writs of habeas corpus, and very few get accepted.

"He's moving in the right direction," Furlong said. "He's got a leg up."

Forchion has been stewing the Burlington County Jail for a month.

He was arrested Aug. 18 after filming three commercials that the state claims advocated the use of marijuana.

The commercials, as seen by The Trentonian, dealt with First Amendment issues and the war on drugs, and did not explicitly advocate the use of marijuana.

But that's what members of the Intensive Supervisory Program said he did.

ISP is a heightened state of parole Forchion was put into it after 17 months in prison for transporting 25 pounds of pot into the state.

As part of Forchion's deal, ISP allegedly forbade him from advocating the use of marijuana, though Forchion claims no paperwork on such a restriction exists.

Tom Bartlett, the South Jersey head of the ISP, said it would be "inappropriate" to discuss any matter regarding Forchion when asked the details of Forchion's ISP deal. 

On Tuesday, Forchion was supposed to appear before a three-judge panel in Hunterdon County Court.

The hearing was meant to determine if Forchion did in fact break the terms of the ISP deal.

Witnesses were in court, Forchion's lawyer was ready to go, and the judges said they would hold the hearing for last, supposedly so they could get a firmer handle on the case.

The only problem with the hearing was that it never took place -- the state failed to arrange transportation for Forchion from Burlington to Flemington.

"It was an honest mix-up," Bartlett told the judges. "The writ was never sent to the Burlington County Jail. We tried to make arrangements to get him here, but it's physically impossible."

No new date for the ISP hearing was announced. 

DRUGWAR.COM11/20/2002

The Return of the Star Chamber-
the troubling similarities between Ed Forchion and William Penn. 

by incarcerated US political prisoner 
Edward Forchion, a.k.a. NJWeedman.com

(photo from NJWeedman.com) 

posted at DrugWar.com Nov. 20, 2002

(for background on Forchion's case, please see No Freedom of Speech for Ed "NJWeedman" Forchion) 

Although most Americans don’t know it, many of the rights we as Americans have were derived as a result of the English trial in 1670 of William Penn. England at that time had a “government religion,” the Church of England. Penn was a Quaker, a member of an illegal religion. Penn was ordered by the government to not talk about his beliefs and they shut down his church. When he defiantly spoke of his beliefs anyway he was arrested. Penn used a tactic called Jury Nullification to be acquitted of the charges. The jury was tried for acquitting Penn by a court called the Star Chamber, which couldn’t be appealed. 

Eventually, not only was Penn’s acquittal upheld but the jury was freed and England’s dreaded Star Chamber was outlawed. Citizens were given the right to religious freedom, to assemble, trial by a jury, a public trail and the assistance of counsel for defense. These new found rights were incorporated into English Common Law and later crossed the Atlantic (Penn established the colony Pennsylvania- Penn's Woods- having been given Pennsylvania by King Charles II of England in 1681.) becoming the backbone of the US Bill of Rights. The 1st, 4th, 5th, 6th, and 7th Amendments are direct results of the William Penn case.

Today in America the War on Some Drugs and Users has eroded most of these rights. We now even have illegal religions. I belong to one, Rastafari. The 4th Amendment is null and void, and the 6th and 7th Amendments are unrecognizable in the criminal justice system due to forced plea bargains. The 6th Amendment right to assistance of counsel for defense has been voided by State appointed lawyers who protect the State from citizens instead of how they were originally mandated: to protect citizens from abuse of government. The 6th and 7th Amendment rights to a speedy trial by a jury of one’s peers are now a rarity.

In my original trial in 2000, I used Jury Nullification as a weapon and was successful to a point. I forced the State to offer me a light sentence, with the threat that my jury wouldn’t convict me. I was offered 3-6 months in prison, followed by 16 months in a program called Intensive Supervision Parole. A month into my 3-6 months, ISP informed me I was ineligible: The State had pulled a “bait and switch.” I was now stuck in prison with a 10 year sentence.

From prison I began fighting for a new trial, trying to withdraw my plea since the State had renigged on its end of the so-called bargain. The local press began reacting to my letters from prison, writing stories based on my claims. Suddenly on April 3, 2002, after serving 17 months, the State released me into ISP, rather than have me restart my Jury Nullification tactics at trial. 

Immediately upon getting into ISP, I discovered that instead of using ISP as the Intensive Supervision Program, the State intended to use it as the Inmate Silence Program. I was ordered not to talk about my religion, not to talk to the press, or petition for redress. I felt like a modern day William Penn. My ISP officer ordered me to dismantle the sanctuary I had built in my home. I viewed this as akin to William Penn having his church boarded up the English government. Similar to William Penn I defiantly refused to shut up, and was rearrested for complaining about my unconstitutional treatment. I was held for 5 days, from June 6-10, until I agreed by threat not to espouse my beliefs again publicly.

Upon release though, I decided to go even more public, similar to how Penn held a public sermon after being told not to. Following the philosophy of the Great Rastafarian prophet and reggae singer Bob Marley, who said “stand up for you rights, don’t give up the fight, keep up the fight,” I made 3 anti-Drug War commercials that didn’t directly espouse my beliefs but did call for the end of the War on Some Drugs and Users which makes my religion as illegal as Quakerism was for William Penn.

When the Trentonian newspaper conducted an interview with me on August 15-17 about these commercials, I was arrested again on August 19, 2002 for 1), making the commercials, and 2) for maintaining a website, NJWeedman.com. ISP officials claimed I was advocating and promoting illegal drug use. So now I’ve been held in Burlington County Jail for the last 3 months awaiting an ISP panel hearing. This panel’s decision, like the Star Chamber of William Penn’s era, cannot be appealed. So now even the dreaded Star Chamber has re-emerged due to the War on Some Drugs and Users.

The state is holding me to prevent me from espousing my beliefs or teaching the public about Jury Nullification. I have little doubt that today’s Star Chamber (ISP panel) will send me to prison.

I have filed a “Writ of Habeas Corpus” with the Federal Court in Camden, New Jersey, (02-04331) but as yet the federal judge has failed to free me as the English did William Penn and the jury that acquitted him. I have just learned that ISP will be hearing my case on December 4th, 2002, in Morris County Superior Court, Morristown, New Jersey.

STAR-LEDGER
 

'WEEDMAN' FAILS IN EFFORT TO GET OUT OF JAIL 
by, Matthew Reilly staff writer

The self-proclaimed "New Jersey Weedman" headed back to jail yesterday
after failing to gain approval for readmission into a stringent early
parole program.

The three-judge Intensive Supervision Program panel that met yesterday
adjourned without reaching a decision in the case of Edward Forchion,
convicted of conspiracy to possess marijuana with intent to distribute.

The panel did not announce when the matter would be resumed, but until
then, Forchion will remain in jail in Burlington County, where he has been
since he was removed from the program.

Forchion had been admitted to the ISP in April after serving 16 months of
a 10-year sentence. He was returned to jail after allegedly violating
terms of his admission into the program by, among other things, advocating
the legalization of marijuana. He allegedly filmed several public service
announcements -- which never aired -- favoring changes in the state's drug
laws and gave interviews to newspapers on various subjects.

Forchion, accompanied by two lawyers, public defender Craig Pierson and
attorney John Vincent Saykanic, chose to represent himself yesterday in a
hearing before the ISP panel in the Morris County Courthouse.

Thomas Russo, representing the program, said Forchion was charged with 16
violations of the terms of his release. In addition to the marijuana
advocacy violations with which he is charged, Russo said Forchion failed
to make payments of various fines and court costs, failed to adhere to the
conditions of his home confinement and failed to be at work when required.

"I dispute the allegations that I violated numerous conditions of my ISP,"
Forchion told the judges. "I violated no conditions of the ISP." He said
he has never tested positive for drugs while in the program.

"I enrolled in the program, I wish to remain in the program, but the
program has treated me in a very unconstitutional manner," he said.

Thomas Bartlett, a regional supervisor for the ISP, said Forchion agreed
not to advocate the use of marijuana as one of the 30 conditions of his
entry to the program.

In cross-examining Bartlett, Forchion sparred with him over the difference
between advocating the "use" of marijuana, which is what he agreed to, and
advocating changes in the state's drug laws.

Forchion says he never espoused the "use" of marijuana after his release
into the ISP and asked whether he has lost his First Amendment rights
because he is a convict.

"Do you believe the First Amendment does not apply to convicted felons?"
he asked Bartlett.

"I believe you entered a voluntary program and agreed to abide by the
conditions of that program," Bartlett said.

The New Jersey Chapter of the American Civil Liberties Union has filed a
friend-of-the-court brief saying ISP officials found Forchion's advocacy
positions were a "substantial factor" in revoking his ISP status.

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 only because he was
promised admission into ISP.

Forchion, who is a Rastafarian, has said he used marijuana for religious
purposes as well as medicinal benefits. He says smoking pot alleviates his
asthma, although 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; he also smoked a joint in the office of
Rep. Rob Andrews (D-1st Dist.)

Copyright Newark Morning Ledger Co.

  CANNABIS CULTURE MAGAZINE

                      ARTICLE

    HIGHTIMES MAGAZINE

                ARTICLE

Subject: Notice of Ed's hearings
On 1/17/03 at 9:00a.m. at the Hunterdon County Justice Center, 65 Park Ave., Courtroom #1, Flemington, NJ,  Edward (NJ Weedman) Forchion will for the 3rd time, be scheduled to stand before the Intensive Supervison Program Resentencing Panel. He has been held since 8/19/02 in the Burlington County Jail without any LEGITIMATE cause. The ISP authorities , Harvey Goldstein, Tom Bartlett, Warren Campbell and Mike Ramirez are trying to get the 3 Judge panel to violate Edward's parole because he continues to exercise his Constitutional Right, (to think), of advocating an end to the Government's War on Drugs.

FEDERAL CASE BEGINS (12/31/2003)

PHILADELPHIA TRIBUNE

1/3/2003

Many judges favor revamp of drug laws

Linn Washington , Tribune Correspondent
Linn Washington is an award-winning journalist and professor of journalism at Temple University.
 
 

U.S. District Court Judge Joseph E. Irenas revealed a startling fact in his Camden courtroom on New Year's Eve that most champions of America's War on Drugs want to keep secret: many federal judges favor a drastic overhaul of the nation's ineffective and often discriminatory anti-drug laws. 

During a hearing Tuesday on a drug law related case, Irenas stated he was surprised to discover the number of conservative federal judges opposed to current drug laws. 

"I attended a judicial conference out West a few years ago and most of the judges there were wearing cowboy hats, cowboy boots and string ties.  Most of these judges were appointed by President Reagan and were very conservative," Irenas noted, "But to a person, everyone said drug laws need to be changed." 

While making comments questioning the current drug laws, Irenas noted that when President Bush appointed him to the federal bench in 1992 there were 32,000 people in federal prisons. 
"Today, there are 132,000 in federal prisons and 60% of this increase is for drug convictions. African-Americans comprise a majority of the drug offenders in federal prisons," Irenas stated. 

"America has more persons in prison today than South Africa at the height of apartheid and Russia during the height of communism under Stalin," Irenas said, also listing a number of political leaders who advocate changes in drug laws. 
Criticism of drug laws by federal judges is well known in legal circles and widely posted online yet is rarely publicized on network television and in mainstream media sources accessed by the majority of the American public. 

A number of federal judges, liberals and conservatives, have resigned from their lifetime appointments instead of imposing long mandatory sentences required by drug laws.  Many judges feel mandatory-minimum drug laws are unfair because they generally strip jurists of their authority to craft sentences to match a defendant's actual criminal culpability. 

Laws mandate judges to sentence drug users and low-level dealers to long sentences while freeing major drug dealers who cut deals with prosecutors.  Judges have criticized current drug laws as expensive, largely ineffective, and damaging to American civil liberties. 

"These unwise sentencing policies which put men and women into prisons for years, not only ruin lives of prisoners and often their family members, but also drains the American taxpayers of funds which can be measured in the billions of dollars," said Chief Judge of the federal 8th Circuit Court of Appeals Myron Bright. 

However, 8th Circuit Judge Diana Murphy, chair of the U.S. Sentencing Commission, claims that the judges critical of mandatory laws are mainly "senior judges who have never reconciled themselves to change." (Senior judges are retired judges who still hear cases.) 

Federal Judge Joseph Irenas made his comments about drug laws during a hearing on a matter involving Robert Edward Forchion, the self-styled “New Jersey Weedman.”  Forchion is suing New Jersey authorities, charging them with violating his First Amendment rights when they removed him from a special parole program in August 2002 and returned him to prison. 
New Jersey parole authorities claim Forchion violated terms of his release largely by peacefully protesting against a judge depriving him of visiting his daughter due to Forchion's advocacy for reforming marijuana laws and for making an anti-marijuana law commercial that never aired. 

Forchion contends that the written terms of his parole did not specifically prohibit his marijuana law reform advocacy.  Judge Irenas stated that Forchion has complied with the terms of his parole requiring employment and he has repeatedly passed his twice-weekly urine tests showing he is not using marijuana. 

"The truth is [Forchion] is not a menace to society. He is a right to participate in First Amendment dialogue," Irenas said, noting that evidence indicates the "New Jersey Department of Corrections is wizzed-off because of his advocacy.” 

Irenas scheduled a Jan. 21 "show cause" hearing where New Jersey authorities must present evidence to show they did not remove Forchion from parole primarily for his constitutionally protected drug law reform advocacy.   This federal court hearing is four days after Forchion will find out whether he will be readmitted to the Intensive Supervised Parole program when he appears before a three-judge ISP panel.   This Jan. 17 ISP panel hearing date is a continuation of a twice delayed hearing initially scheduled for Sept 2002. 

Forchion remains incarcerated at the Burlington County jail on under the disputed parole violation.   Forchion plead guilty in Sept 2000 for his involvement in a 1997 scheme to help his brother pick up 40 pounds of marijuana shipped to New Jersey from Arizona. He thought the guilty plea included a deal for immediate ISP release but prosecutors contended no deal existed and Forchion served 18-months in prison before receiving ISP parole. 

Renowned legal scholar Richard Posner, the chief Judge of the 7th Circuit Appeals Court, has voiced his support for the legalization of marijuana.

"Prison terms in America have become appallingly long," Judge Posner said, "especially for conduct that, arguably should not be criminal at all."

Linn Washington is an award-winning journalist and professor of journalism at Temple University.

Editorial 1/14/2003

Philadelphia Tribune

NJ AUTHORITIES DESTROY 'FREEDOMS' AS SURELY AS SADDAM
By Linn Washington Jr.
 

The curious case of Ed Forchion constitutes a classic clash between rights and rules in America.

 Forchion faces a return to a 10-year prison sentence because New Jersey Intensive Supervision Program (ISP) authorities claim Forchion's exercise of his constitutional rights has violated a number of their rules for parole.

 These 'unwritten' rules include forbidding Forchion from talking to reporters. Forchion - the self-defined 'NJ Weedman' - is an audacious advocate for the legalization of marijuana and an ardent opponent of America's War on
Drugs.

 Forchion has certainly irritated governmental officials but, as a federal judge recently noted, Forchion is 'not a menace!"

 In many ways, ISP's campaign to cancel Forchion's parole and return him to a prison cell is an important test case for the level of freedom that is really respected in America, particularly during this era when America wages wars abroad in the name of freedom.

 The seminal First Amendment to the US Constitution protects freedoms of speech, religion, press, and the right to protest government actions.  The NJ State Constitution contains comparable rights in its Article 1 - Rights and Privileges section.

 The First Amendment particularly protects the exercise of rights for unpopular causes as long as exercise of protected rights does not cause imminent danger or promotes illegal activity.

 Evidence indicates Forchion's exercise of constitutional rights does not promote illegal activity and his peaceful protests certainly are not causing imminent dangers like riots.

 NJ federal Judge Joseph Irenas recently indicated ISP's rule violation actions against Forchion strongly exhibit retaliation for Forchion's exercise of his lawful First Amendment rights. 

 Two weeks ago, Judge Irenas ordered NJ authorities to produce evidence showing ISP is not retaliating against Forchion, during a hearing scheduled for Irenas' courtroom next week.

 Marijuana is certainly an important public policy issue of our times extending beyond the law enforcement arena into areas like medical compassion and the very nature of democracy in America.

 Nationwide, authorities spend $9-billion annually waging war on marijuana at a time when authorities claim insufficient funds exist to provide adequate health care and/or extend meaningful tax cuts beyond the wealthy into the middle class.

 In 2001 alone, authorities nationwide arrested 723,627 for marijuana law violations with 88% of those arrests being for simple possession of this substance that numerous federal reports state is not harmful.

 Federal authorities are staging military-style raids on health clinics in states like California where voters have overwhelmingly approved referendums approving the medical use of marijuana for patients suffering painfully debilitating diseases.

 In October 2002, a federal appeals court backed Congress blocking DC residents from even voting on whether to legalize marijuana for medical uses.

 These actions by Congress and the courts crushing fundamental voting rights in the very headquarters of American democracy probably brought smiles to those "evil-doers" who our leaders proclaim hate America because of its "freedoms."

 Many - including law enforcement officials - support decriminalization of marijuana yet NJ's ISP authorities contend Ed Forchion has NO right to express similar sentiments.

The reason why Forchion is under ISP supervision results from his Sept 2000 guilty plea for a 1997 marijuana scheme. The reason why Forchion felt forced to plead guilty results from repeated violations of his fundamental legal rights from arrest through trial, according to a federal appeal prepared by Clifton, NJ attorney, John Vincent Saykanic.

 This appeal contends police violated legal rules in their arrest procedures, prosecutors violated legal rules by improperly withholding evidence, and judges violated rules by threatening to place Forchion in a mental institution to force Forchion to accept a public defender instead of permitting Forchion his legal right to represent himself.  Further, prosecutors, public defenders, and a judge denied Forchion his right to inform the jury of the jury's right to acquit irrespective of the evidence if the jury felt a conviction was unjust - a legal principle called jury nullification.

"This pattern of constitutional violations constitutes a farce and mockery of the judicial system," Saykanic's appeal states. Forchion entered ISP in April 2002 after nearly 18-months in prison following prosecutors reneging on an alleged agreement to release Forchion into ISP after 6-months in prison.

 The thirty rules in Forchion's written ISP agreement contain no prohibitions against talking to reporters, holding protests, or advocating changes in drug laws.  Yet, ISP authorities jailed Forchion on August 18, 2002 for violating
their unwritten rules despite his compliance with ISP's written rules like not using drugs…which Forchion claims violates his religious right to use marijuana as part of the ritual of his Rastafarian religion.

This Friday Forchion's case takes another turn with a scheduled ISP hearing where state judges will rule on the validity of those parole violations.

 Forchion did not receive his originally scheduled September 17, 2002 ISP hearing because of an 'inadvertent mistake' that left him in a cell while other ISP violators in the Burlington County jail were taken to that hearing.

 In the larger scheme of things, Forchion's constitutional freedoms fight with ISP arguably is one flea on a large elephant. However, the 12-million marijuana arrests since the late 1960s coupled with the escalating billions spent ineffectively fighting to preserve inappropriate prohibition shows this elephant suffers a serious flea infestation.

 The Drug War's blatant disregard for constitutional rights forms a litany of wrongs that renders America hypocritical in the eyes of many. 

-THE END-

Linn Washington Jr. is an award-winning writer who teaches journalism at
Temple University.

Jan. 17th 2003 "STATE ISP HEARING A MOCKERY"

Attorney General PETER HARVEY’s  "justice" department has been aiding, (and abetting), the ISP authorities in this unconstitutional mockery of JUSTICE. Federal Judge Irenas held a hearing for Edward on 12/31/02 which was very well reported by Professor of Journalism at Temple University, Linn Washington, (story included in the attachment). Judge Irenas has scheduled a follow-up on 1/21/03 in the Camden Federal Court .Again, an appeal is made for all Freedom loving citizens to be a witness at both these venues. If any information is needed please contact me at anadi2000@earthlink.net or Ed's lawyer, John Vincent Saykanic, JohnVincent@aol.com. 

STAR-LEDGER

'Weedman' fights parole ruling 

State objects to man's efforts to make marijuana legal

Wednesday, January 22, 2003 

BY MATTHEW REILLY 
Star-Ledger Staff

It will be at least a few more days before the self-styled "New Jersey Weedman" learns whether a federal judge will release him from prison and into the selective probation program he was ejected from by the state. 

Edward Forchion, of Pemberton in Burlington County, had entered the Intensive Supervised Parole program last April after serving 16 months of a 10-year sentence for possession of marijuana with intent to distribute. He was kicked out for, among other things, advocating the legalization of marijuana. 
 

U.S. District Court Judge Joseph Irenas, sitting in Camden, said yesterday that he wants to take a few days to put together a written opinion on whether the state proved it was right in booting Forchion from the ISP program. 

Irenas said Forchion never tested positive for marijuana during the five months he was in the ISP program, even though he was regularly tested. The main reason for his being found in violation of his ISP terms was his continued open advocacy of reforming the state's marijuana laws. 

"Now we're down to the nub," Irenas told Deputy Attorney General James Harris during yesterday's hearing in Camden. "You're arguing (that) even if a person will not use marijuana, but will go out and argue for a change in the laws, they can be kept out of the program." 

Forchion's fate is also in the hands of a separate entity -- a three-judge state panel that rules on the admission of inmates into the ISP program -- in a hearing that has been going on sporadically since December. The panel met last week without reaching a final decision on whether to reinstate Forchion into the program and is expected to take up the matter again next week. 

Forchion was returned to jail in August after violating terms of his admission into the program by advocating the legalization of marijuana by filming several public service announcements -- which never aired -- favoring changes in the state's drug laws, authorities said. 

Ed Barocas, legal director of the New Jersey Chapter of the American Civil Liberties Union, said it is the advocacy positions taken by Forchion -- and not the other violations -- that formed the basis for the decision to revoke his participation in the program. 

Deputy Attorney General Harris said the ISP program is discretionary and that the administrators have the right to impose conditions on inmates who want to join it. 

Forchion has maintained he has not used marijuana since being incarcerated or while on parole, nor did he advocate its use. What he did advocate, he says, is a change in the laws governing marijuana use. Forchion is a practicing Rastafarian who used marijuana as part of his religious beliefs as well as for medicinal reasons. 

Forchion 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

TRENTONIAN

1/25/2003

JUDGE ISSUE'S INJUNCTION

"WEEDMAN" RELEASED BY FEDERAL JUDGE!

TRENTONIAN

1/26/2003

FORCHION say's he'll keep waging battle!

By LAURA PELNER, staff writer 

As expected "NJWEEDMAN" Ed Forchion was released from jail friday night after a federal judge intervened on his behalf. Forchion, who had been in the BURLINGTON COUNTY JAIL for 5 months, was set free about 11 p.m.. And with his new found freedom, the marijuana advocate said he would go right back to fighting for what put him behind bars in the first place. 

"The first thing I'm going to do is renew my protest for my child custody situation," Forchion told the TRENTONIAN yesterday. "Now that the Judge has upheld ... the constitution, I'm going to renew my protest for my child visitation." 

In 1998, during the height of Forchion's campaign to legalize marijuana and stop the war on drugs, his ex- brought newspaper clippings to court in which Forchion was quoted. Before he had ever been convicted of a crime, a judge ruled he was unfit for his children and took away Forchion's visitation rights. 

Since then Forchion has had many run-ins with the law. His most recent arrest, August 19th, 2002 came after he filmed a set of commercials advocating the first amendment. Though they never promoted pot, state officals ruled the commercials went against his intensive supervisory parole program. 

STAR-LEDGER

Marijuana activist to re-enter early release program 

Saturday, January 25, 2003 

BY MATTHEW REILLY 
Star-Ledger Staff

A federal court judge yesterday ordered the "New Jersey Weedman" be freed from jail and returned to the early release program from which he was booted last year for advocating changes in the state's marijuana laws. 

U.S. District Court Judge Joseph Irenas, sitting in Camden, granted a temporary injunction sought by Ed Forchion, also known as the New Jersey Weedman, a self-styled marijuana activist. 
 

John Vincent Saykanic, a lawyer representing Forchion, said efforts were under way to get Forchion out of jail and home to his family. 

"Ed Forchion is a true freedom fighter," Saykanic said. "He has been fighting for what he believes in." 

Edward Barocas, legal director of the New Jersey chapter of the American Civil Liberties Union, said he was "extremely pleased" with Irenas' decision. 

"It makes clear to state officials that they cannot retaliate against a person under their control or supervision simply because they don't like the position he is advocating," Barocas said. 

Forchion had entered the Intensive Supervised Parole program last April after serving 16 months of a 10-year sentence for possession of marijuana with intent to distribute. He was kicked out of the program last August for, among other things, advocating the legalization of marijuana. 

In his ruling, Irenas said it was clear that the conduct that led to Forchion's being kicked out of the ISP program and returned to jail is constitutionally protected. 

"Most of the infractions cited by the ISP officers involved (Forchion) either speaking to the press, protesting and handing out pamphlets outside of the courthouse, running a Web site, or producing and appearing in television commercials," Irenas wrote. "This behavior is clearly protected by the First Amendment, particularly since it primarily involved (Forchion's) belief that marijuana should be legalized." 

Irenas ordered that the ISP supervising officers be forbidden from removing Forchion from the program for any future violations unless they first give him 48 hours notice of their intentions. If there is possible immediate harm to the public good if Forchion is not removed from the ISP program, the ISP officers can make an emergency motion before Irenas. 

Irenas also ordered that Forchion cannot promote the illegal use of marijuana once he is released. 

Forchion was returned to jail in August after allegedly violating terms of his admission into the program by advocating the legalization of marijuana when he allegedly filmed several public service announcements -- which never aired -- favoring changes in the state's drug laws. 

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. 

Matthew Reilly works in the Hunterdon County bureau. He can be reached at mreilly@starledger.com or (908) 782-8326. 

Issue #280, 3/28/03

6. DDRCNet Interview: Ed Forchion, the New Jersey Weedman

Week Online: How does it feel to be a free man again?

WOL: You had finished a prison sentence on a marijuana charge and were out on parole when they threw you back in jail for making TV commercials?

WOL: How did you become a marijuana radical?

WOL: You are a Rastafarian. Can you explain how that influences your views on marijuana?

WOL: You are a black guy from New Jersey, but black marijuana activists seem to be a rare breed. Why do you think that is?

WOL: You are something of a free agent in terms of marijuana activism. Do you get any support from the organized drug reform movement? Why or why not?

WOL: What's next for you, and where do you think the movement should be heading?