Pubdate: Thu, 17 Jan 2013
Source: Philadelphia Inquirer, The (PA)
Copyright: 2013 Philadelphia Newspapers Inc
Contact:  http://www.philly.com/inquirer/
Details: http://www.mapinc.org/media/340
Author: Jan Hefler, Inquirer Staff Writer

'NJ WEEDMAN' SENTENCED TO PROBATION, FINES, IN MEDICAL-MARIJUANA TEST CASE

A Superior Court judge in Burlington County sentenced the man known as
NJ Weedman to two years of probation and more than $3,400 in fines and
fees Wednesday for possessing a pound of pot in his car nearly three
years ago.

Marijuana activist Ed Forchion had used the inconsistency of criminal
and medical-marijuana drug laws to win acquittal on the more serious
charge of drug distribution when he was tried in October.

Forchion could have faced 10 years in prison on the distribution
charge.

After the hearing, he said, "I'm happy I'm not going to prison, but it
was what I expected."

The 48-year-old former New Jerseyan, who now lives in Los Angeles,
could have received up to 18 months for possessing marijuana.

Judge Charles Delehey allowed him to serve his probation in
California. He also ordered him to begin paying his fines at the rate
of $100 a month.

Forchion said he planned to appeal his sentence on the ground that he
would "qualify for medical marijuana in New Jersey" but was still
prosecuted. He has a license to use medical marijuana in California,
but New Jersey does not recognize it.

He has a rare disorder in which bone tumors multiply in his body,
according to his doctor's reports.

New Jersey is one of 18 states that view the use and sale of marijuana
as criminal except when there are medical reasons. Forchion was
visiting family and friends in New Jersey when he was arrested on
April 1, 2010.

Forchion admitted possessing the drug, which was found during a
traffic stop, but argued that he used it for medical reasons and did
not intend to sell it.

Legal authorities said Forchion was the first criminal defendant in
New Jersey to be allowed to base his defense on his license to use
medical marijuana.

But Delehey barred Forchion from "putting New Jersey's marijuana laws
on trial," saying the jury's function was to judge the facts, not the
laws.

Assistant Prosecutor Michael Luciano recommended 12 months in prison,
noting Forchion's criminal record, including theft charges and a
sentence for conspiracy to distribute marijuana. Forchion served 18
months in 2001-02 on the conspiracy charge.

Don Ackerman, Forchion's public defender, said his client had only
minor municipal offenses since then, mostly related to his
pro-marijuana protests. He also argued that Forchion was receiving
experimental treatment for his tumors that appeared to be working and
that they could not be continued if he went to prison.

The judge said probation was warranted because Forchion did "not fit
among a group of hardened criminals that include murderers [and]
rapists," and has painful bone tumors that require treatment.

The experimental treatment Forchion is getting at a Santa Monica
oncology center is "producing results," according to doctors' reports,
the judge said, and he should continue the program.

In January 2010 - three months before Forchion's arrest - a law was
signed in New Jersey allowing marijuana to be sold to patients with
certain serious illnesses, including cancer and multiple sclerosis.

The law limits the drug to residents who get special identification
cards after their doctors certify they have such ailments. Only
licensed dispensaries can sell the drug.

After several delays, the state's first and so far only nonprofit
marijuana dispensary opened in Montclair in December.

To view video of an interview with "NJ Weedman" Ed Forchion, go to
www.philly.com/njweedman 
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