Contact: John Vincent Saykanic, Esq. Edward Forchion 1135 Clifton Avenue, Clifton NJ Tel: (818) 450-7595 Tel: (973) 779-1124; 472-5863 Email: JohnVincentEsq@aol.com Website: NJWeedman.com Website: http://www.saykaniclaw.com FOR IMMEDIATE RELEASE Email: EdForchion@yahoo.com EDWARD FORCHION, MARIJUANA AND FIRST AMENDMENT ACTIVIST, TO ARGUE APPEAL ON MAY 27, 2015, TO CHANGE NEW JERSEY MARIJUANA LAWS On Wednesday, May 27, 2015, at 9:30 a.m. in the Supreme Court of New Jersey s Courtroom at the Hughes Justice complex in Trenton, Edward R. Forchion, a/k/a/ NJWeedman, through his attorney, John Vincent Saykanic, Esq., will argue his historic appeal battling for the rights and recognition of marijuana smokers throughout New Jersey and the world. (See attached oral argument notice; A1). On April 1, 2010, Mr. Forchion was arrested in Mount Holly, New Jersey, with a pound of cannabis in the trunk of his car. Following two trials, he was acquitted of possession with intent to distribute but convicted of possession (a charge to which he admitted). Mr. Forchion was sentenced to 270 days in the Burlington County jail. Mr. Forchion raises 8 issues in counsel s brief and 9 issues in his pro se appellate brief, including: 1) That marijuana should no longer be classified as a Schedule I drug (with the hardest drugs such as heroin, LSD, cocaine, peyote, ayahuasca, etc.), since even the State of New Jersey now recognizes its medicinal value with the implementation of its medical marijuana program for the treatment of needy and ill citizens (since New Jersey became the 15 th State to legalize the use of medical marijuana on January 18, 2010). (Point VII of brief). 2) Mr. Forchion should be able to possess marijuana in New Jersey due to medical necessity since he is a dual citizen of New Jersey and California and has been evaluated 1
as a medical marijuana patient in California and requires his medicine (marijuana) in New Jersey. (Point I). Mr. Forchion (who has had bone cancer for 15 years and utilizes marijuana for pain relief), along with many other individuals (young and old) who require medical marijuana to relieve their symptoms, should be provided reciprocity by the State of New Jersey if they possess a medical marijuana card from any other State. The State of New Jersey should respect and accept Mr. Forchion s California medical marijuana card. 3) Mr. Forchion, as a practicing Rastafarian, should be granted a religious exemption under the First Amendment (and Equal Protection Clause) to possess marijuana since marijuana known as ganja in the religion-operates as a sacrament in their religious ceremony. Since American Indians are granted an exemption to utilize peyote (a Schedule I drug) in their religious ceremonies, and since the Brazilian church Uniao do Vegetal (in New Mexico) is permitted an exemption to utilize the sacramental tea ayahuasca (also a Schedule I drug), Rastafarians should be afforded the same religious exemption and equal protection. (Point IV). It is un-american that Rastafarians are discriminated against for their sacred religious views. It is equally outrageous that the alleged illegal drug that is their sacrament has now been acknowledged by the State of New Jersey to have great medicinal value, yet Rastafarians such as Mr. Forchion continue to be persecuted. 4) New Jersey marijuana laws are racist and discriminatory. This is reflected by the empirical data in the 186-page July 2013 ACLU report which, pursuant to a motion by counsel, has been made a part of the appellate record in Mr. Forchion s case (see Order of the Court filed October 30, 2014; annexed as A2). The ACLU report shows that blacks are arrested and charged with marijuana crimes four times more frequently than whites. (See Point IV of the pro se brief). 5) Mr. Forchion was not provided adequate notice by the State of New Jersey that he could not possess his required medicine and religious sacrament (marijuana) in violation of constitutional right to travel among the States. (Point III). 2
6) The trial court deprived Mr. Forchion of his due process right to a fair trial by precluding him (despite the fact that he represented himself pro se at trial) from speaking to the jury about the New Jersey Compassionate Use Act and precluding him from arguing that marijuana should not be a substance proscribed by New Jersey law (Point IX of the pro se brief). 7) The trial violated the New Jersey and Federal Constitutions since the Recall Statute allowed the trial judge to be aged 74. (Point I of the pro se brief). 8) Mr. Forchion s trial judge either reneged or forgot to stay the sentence pending appeal which deprived defendant of his right to effective assistance of counsel and due process. (Point III of the pro se brief). Mr. Forchion seeks to reverse the New Jersey Supreme Court s nearly 30-year-old decision in State v. Tate, 102 N.J. 64 (1986), in which a narrowly divided (4-3) Court rejected the defendant Tate s medical necessity defense despite being a quadriplegic whose frequent spastic contractions were alleviated by the use of marijuana. The war on drugs has been a complete failure with the most glaring example the law illegalizing marijuana. This ridiculous waste of taxpayers money denies basic American privacy and liberty rights. Mr. Forchion s case will hopefully be the beginning of the end of drug law tyranny in the State of New Jersey. Dated: May 11, 2015 3
SUPERIOR COURT OF NEW.'ERSEY APPELI,ATE DIVISION PO BOX 005 RICHARD J. HUGHES 'JUSTICE COMPLEX TRENTON, N.J. 08625-0005', DATE: Apr 22, 2Ol5.fOHN SAYI(ANIC ATTN:.IOHN V SAYKANIC 1135 CLIFTON Al/E. CIJIFTON, NJ 07013-OOOO RE: A-004477-L2 104 STATE OF NEW JERSEY v. EDWARD FORCHION t '. _,!:, The above-entitled appeal is scheduled for argument before the Superior Court of New ;fersey, Appellate Division. DATE: WEDNESDAY, MAY 27,20L5 LOCATION: 8TH FL. N. WfNG, RICI{ARD,f. EUGHES 'JUSTICE COMPLEX, TREliffON PART: E TIME: 9:30 AM On al1 appeals, please endorse the enclosed copy with the name and email address of counsel who will argnre Lhis appeal, and forward same to this office immediately. Name of counsel: John Viaeent Saykaaic, Esq. Email Address :.JohnVincent-EsgGaol. Com JOSEPII H. ORLANDO CLERK OF THE APPEI,I,ATE DIVISION PHONE: 509-633-7079 PHONE: 609-633-7078 cc: PUBLIC DEFENDER APPELLATE - CLAIRE DRUGACH BT'RLINGTON COUNTY PROSECUTOR - AI,EXIS R AGRE BURLINGTON COT'NTY PROSECUTOR - JENNIFER BENTZEL PASZKIEWTCZ A1
FILED, Clerk of the Appellate Division, October 30, 2014, A-004052-12 ORDER ON MOT]ON SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-004052-72T4 MOTTON NO. M-OO13B5_14 STATE OF NEW JERSEY V. BEFORE PART G EDWARD R FORCHIQN JUDGE(S): DOUGLAS M FASC]ALE RTCHARD S. HOFFMAN MOTION FILED: 10/08/2074 BY: EDWARD R. FORCHION ANSWER(S) FILED: 10/17/2014 BY: STATE of NEW JERSEY SUBMITTED TO COURT: October 30, 2014 ORDER THIS MATTER HAVING BEEN DULY PRESENTED TO THE COURT, IT IS, ON TH]S 30th day of Octobert 2014t HEREBY ORDERED AS FOLLOWS: MOTION BY APPELLANT MOTION TO SUPPLEMENT THE RECORD WITH ACLU REPORT GRANTED SUPPLEMENTAL: The merits panel will give the report the attention to which it deserves. FOR THE COURT:,0,*r,.n,E)*l*a 1O-OB-00866-I BURLINGTON ORDER - REGULAR MOTTON BJM DOUGLAS M FASCTALET J.A.D. A2