Pubdate: Thu, 05 Dec 2002 Source: Star-Ledger (NJ) Copyright: 2002 Newark Morning Ledger Co Contact: http://www.nj.com/starledger/ Details: http://www.mapinc.org/media/424 Author: Matthew Reilly 'WEEDMAN' FAILS IN EFFORT TO GET OUT OF JAIL Convict loses freedom after publicly backing marijuana legalization 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.) - --- MAP posted-by: Jay Bergstrom