After placing medical marijuana on the backburner for three months, and leaving many people suspicious that it would never come to fruition, Governor Chris Christie has given state officials the ok to get the program up in running, possibly by the end of the year. And he hasn’t only asked them to move ahead with the plan, but to “move forward as expeditiously as possible.”

Governor Christie had put the program on hold because he wanted to know for certain if state workers involved in the program would be vulnerable to federal prosecution, since selling and possessing marijuana is a federal offense. Following a memo released by United States Deputy Attorney general James Cole, he said he felt more confident that New Jersey workers would not be scrutinized by the feds.

Since the beginning of 2011, federal law enforcement has raided numerous dispensaries in other medical marijuana states. Warning letters were also sent out by the U.S. Justice Department to alert states that their legislation did not negate the federal controlled substances act, which still considers marijuana to be a Schedule I drug.

Cole’s memo didn’t explicitly state that state medical marijuana workers would be immune from investigation or arrest but gave Christie the feeling that they would remain unbothered if they stayed within the tight restrictions under the New Jersey medical marijuana program (referred to as one of the most restrictive).

Christie seems more dedicated than ever to getting the program in full swing. He said he would be disappointed if the dispensaries weren’t up and running by the end of the year. The president of Compassionate Care Foundation Inc, one organization planning on opening a dispensary in New Brunswick, says the best-case scenario is that they will be able to provide patients with their marijuana by right after Thanksgiving.

This news is hopeful for people suffering from chronic, debilitating diseases that would qualify for the drug. Those who have been recommended by their physician to participate in the medical marijuana program will be required to apply for an identification card and register with the state.

Although New Jersey will be the latest state to throw their hat in the medical marijuana ring, officials remain steadfast in their desire to keep the program as limited and as tightly controlled as possible. This could certainly mean that those not authorized to smoke under the medical marijuana program will face just as harsh if not more serious penalties than before.

If you’re facing marijuana charges, you will face the courts and you could go to jail. Contact my offices today to discuss your charges and what options may be available to you.

Forty years after a drug conviction, Rasheed Abdul-Haqq is in his second term serving on the local Plainfield school board. But he stands to lose this position because of a new law that bans people convicted of certain crimes from serving on any school boards in the state. Abdul-Haqq has contacted the ACLU and states he will not leave his post willingly.

The ban includes people convicted of serious violent crimes, but also those convicted of 1^st and 2^nd degree drug possessions. There are no exceptions written into the law and some believe this is the problem.

Abdul-Haqq spent 8 months in a state reformatory in 1968 for possession of heroin. He admits he was an addict but says his stay there helped change his life. Upon his release he became a Muslim leader within the community, a community activist, business owner, and was eventually voted to serve on the local school board.

He states most of the people who voted for him knew about his history and they elected him anyways. He, and many others, believe he has served his time for his error and shouldn’t continue to be punished today.

One of the law’s primary sponsors is Assemblyman Jerry Green (D-Union). Abdul-Haqq believes Green may have pushed the law for some personal political reasons to force Abdul-Haqq out. Green says that’s not true and that he merely wanted to make things fair. As it stood, employees of the school board (including janitors and the like) cannot have criminal records, so the elected members should not either.

The law does allow for people to serve if they’ve had their record expunged. But getting an expungement isn’t always easy. Abdul-Haqq tried and his request was denied. One lawmaker says it’s the expungement law that should be changed.

But what no one is suggesting is that perhaps a criminal conviction should not have any bearing on employment or service. No, that would be out of line. Interesting, considering how many people in the state have criminal records.

A criminal conviction can haunt you for decades, and Abdul-Haqq is living proof. You can serve your time, pay fines, and completely change your life but still be haunted by your past. It’s unfair. But, at least for now, it’s the reality we live in.

The key to avoiding this type of trouble down the road is to avoid the conviction in the first place. While this can sometimes be easier said than done, a criminal charge does not always mean a criminal conviction. Consulting with a local criminal defense lawyer could be the first step in avoiding such a situation.

If you are facing criminal charges in the state of New Jersey contact me today for a consultation on your case.

In an effort to point out glaring problems with the New Jersey criminal code, the Drug Policy Alliance (DPA) released a study this week outlining some of the offenses and related penalties and how the public views their rationality. What they found is the law is extremely out of line with what the people of New Jersey see as just and this is largely due to lawmakers playing politics.

According to Crime and Punishment in New Jersey, 222 New Jersey residents were asked about their opinions regarding certain offenses and punishments as dictated by NJ law. In 90% of the questions, the respondents said the punishment didn’t fit the crime and was instead too harsh.

A report in the Jersey City Independent reveals that the lead researcher for the DPA study, University of Pennsylvania Professor Paul Robinson, attributes the misalignment between public values and law to lawmakers jumping on the “crime du jour problem”. This refers to a lawmaker hearing of a particular case in the news, seeing as an opportunity to play to the public’s fear of crime, introducing “tough” legislation and getting it passed with little resistance.

This is nothing new and can be seen in the majority of crime bills that are passed, particularly the ones named after victims. No one wants to be a victim of crime but the haphazard method of writing and passing legislation based on singular high profile cases has resulted in many disparities within the New Jersey code.

The New Jersey criminal code was rewritten in 1978 and had 243 criminal offenses. Since that time an additional 407 offenses and sub-offenses have been added, many of them carrying penalties that simply don’t make sense when weighed against other, less serious offenses.

For instance, punching someone in the face can get you 180 days in jail. But merely attending a dog fight carries up to five years in prison. Again and again, the people of New Jersey showed researchers what was important to them and what should carry the harshest penalties only to find out the crimes and punishments, when compared to one another, made little sense at all.

What is the DPA hoping to gain from this study? Reform. While they haven’t said whether they want the entire criminal code rewritten or simply “fixed”, there’s no doubt that something needs to happen. They say they will be circulating the study to legislators in coming months and hoping to get support for massive changes to the criminal code.

Penalties often don’t make sense and there are many situations where someone faces an unusually harsh sentence for a crime that deserves little more than a slap on the wrist. When you are facing criminal charges and you are concerned about the penalties that may be doled out, consulting with an attorney is a smart first step. Contact my offices today for a free consultation on your case and to discuss what may be done to minimize the impact of these charges on your life.

The Weedman is back in New Jersey to challenge the states marijuana laws, and try to keep himself out of jail. He faces charges of possession of marijuana with intent to distribute, after a car stop in April 2010.

According to PhillyBurbs.com, Ed “NJWeedman” Forchion was recent in New Jersey Superior Court, hoping to get his case dismissed on an illegal search and seizure motion. He was stopped for allegedly drifting four feet through a red light, and a subsequent search lead to the 1 pound of marijuana in the trunk. the judge denied the motion to dismiss, so the case will move forward.

That decision was not unexpected, and Forchion is continuing the case, representing himself, and has a unique legal challenge. As we noted before, he believes he can sway a jury based on the existing New Jersey marijuana statute that reads that marijuana has “no medicinal value”. He believes this law is legally invalid, since last year, then Governor Corzine signed a medical marijuana law. That law has still not effectively been put into practice.

If convicted for possession with intent to distribute marijuana in New Jersey, Forchion faces up to 10 years in prison.

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Update: More on NJ marijuana charges.

In a wave of legislation crossing the country, New Jersey might be the next state to ban what’s commonly sold as “bath salts” but is described as some to be a synthetic drug more dangerous than methamphetamines. Both the state Senate and Assembly are drafting bills to make this ban a reality.

According to the Star Ledger there have been cases of suicide, self mutilation, and even murder related in recent months to the use of bath salts across the country.

Locally, a senior at Rutgers University is alleged to have been murdered by her mentally ill boyfriend who had been using the salts recently. The suspect’s mother has spoken out in recent days, not in defense of her son, rather to warn others about the dangers of these easily accessible substances.

Assembly Deputy Speaker John McKeon states, “The recent tragedy is deadly proof of the devastation that can be caused when dangerous drugs are masqueraded as bath salts and are openly available to the public, especially our youth who are the highest users of such hallucinogenic substances.”

The suspect in that particular case has now been charged with murder after the body of his girlfriend was found in his basement. According to his mother, he had battled bipolar disorder for years and had most recently been experiencing high levels of paranoia she attributed to his use of “bath salts”.

Experts, though no names are mentioned, state that these salts are highly dangerous. Though there is no clinical evidence, the experts claim they are far more dangerous than many controlled substances already banned by law.

The proposed legislation would make it a crime in the 3^rd degree to possess, manufacture, or distribute either of the two active chemical compounds found in the products. This means those found in violation of the law would face a potential 3 to 5 years in prison and $15,000 in fines.

Currently, “bath salts” can be found easily at convenience stores and “head shops”. The Star-Ledger reportedly found clerks willing to discuss which varieties were strongest when selling the substances.

A quick search on a news source reveals similar legislation being passed and proposed across the country, to go after so called synthetic drugs. Just this week, North Carolina lawmakers moved to ban bath salts and the synthetic marijuana K2 or “spice”.

These kind of substances are particularly alluring to young people. They offer a quick, cheap, and at least for now, a legal high. But if the dangers are real and not an anomaly, perhaps removing them from the shelves is a good idea.

This legislation, once drafted, is likely to pass. In the meantime, however, if you are caught in possession of any controlled substance, you need the assistance of a local criminal defense attorney. Contact my offices today to discuss the specifics of your case.

Last year, New Jersey voters made their state the 14^th to legalize medical marijuana. But those in need of the beneficial effects of the plant still aren’t able to legally purchase it within the state. Lawmakers have debated and quibbled and still haven’t made voters’ wishes a reality.

A deadline came and passed last week, requiring all would-be growers and vendors of medical grade marijuana to apply for state licensing. But many refused, worried their $20,000 application fee would be in vain considering the legislature still hasn’t ironed out the details of the new law.

Lawmakers have disagreed on where patients will be able to get the marijuana to how and under what circumstances they will qualify. Governor Christie has been accused of delaying and potentially trying to completely prevent the law from being implemented. His moves have made it apparent that he would like to make it extremely difficult to get a prescription for the substance and also to get that prescription filled.

At this time, proposed specifics would limit the amount of THC (the active component) in the medical grade marijuana to 10%. As this editorial at MyCentralJersey.com explains, that particular restriction would lead patients to “either smoke a lot more pot than they otherwise would need to smoke to obtain relief, or continue to seek out more potent illegal marijuana,” either way negating the benefits of the law in the first place.

According to Bloomberg, no other states limit the amount of THC in their medical grade marijuana. Ensuring a crop can meet this cap on this component isn’t something that can be achieved overnight. As a matter of fact, one grower states it could take up to four years to develop a crop like that.

It’s understandable that New Jersey lawmakers want their medical marijuana legislation to be implemented in a manner that reduces the potential for abuse. But, failing to implement anything or restricting it to the point of being contrary to the intent of the program simple makes the medical marijuana program here worthless.

While the lawmakers attempt to iron out the medical marijuana laws that the voters wanted, those using marijuana whether for pain treatment or sheer pleasure face penalties if caught in possession. Even a charge of simple possession carries the potential for jail time.

Despite the growing acceptance of marijuana as a medical treatment and even the decreasing stigma of it as a recreational substance, it is still an illegal drug. If you are facing charges related to possession or distribution of marijuana, contact my offices today for a free consultation on your case.

It isn’t so rare to hear of prescription drug charges in the local courts. From possessing a prescription drug that wasn’t lawfully prescribed to you to forging prescriptions, these offenses seem to becoming more and more prevalent. It is rare, however, that the drugs in question would be life saving drugs for a disease rather than drugs used to get a high or to achieve an altered state.

Just this week, however, a Fairview man admitted he and two others were engaged in trafficking of HIV medication, more than $2 million dollars worth. They were arrested when found in the process of removing labels from about 6,000 bottles in their apartment.

According to NorthJersey.com, the neighbors reported a noxious odor coming from the apartment. The odor was from lighter fluid being used to remove adhesive on the pill bottles–this despite the windows being covered with plastic and attempts at covering the smell.

The men were engaged in obtaining these drugs, prescribed to hundreds of different people, removing the labels and eventually shipping them to the Dominican Republic. It isn’t clear if the D.R. was the pills’ final destination or if perhaps traffickers there sent them on to additional destinations.

Usually criminal prescription drug charges involve narcotics and other addictive mind altering controlled substance. It’s unusual to see HIV medications being illegally trafficked, and quite sad actually.

Regardless, found dealing in illegal prescription drugs can lead to a prison sentence, fines, and forever being labeled a convicted felon. Typically, even possession of a relatively small amount of prescription drugs (not lawfully obtained) is considered a 3^rd degree indictable offense, punishable by up to 5 years in prison.

Sometimes, the means you use to get the prescription drugs in question can bring about another criminal charge altogether. Prescription drug fraud including forging prescriptions, stealing prescription pads, or altering a lawful prescription is an entirely separate offense.

The prescription drug trade is growing at a reportedly alarming rate. Highly addictive and often readily available, prescription drugs seem to be the new drug of choice for many. The response to such a trade is growing proportionately, with more and more cases of prescription drug crimes hitting the media.

If you are facing charges related to illegal prescription drugs in New Jersey, you could be facing years in prison. Contact me today for a free consultation on your case and to get assistance in understanding your options.

A recently released report is touting the success of the decade old New Jersey drug court system. Many have long thought helping drug offenders rather than simply locking them up was the key to reducing recidivism and the new Department of Corrections report seems to support this.

According to A Model for Success: A Report on New Jersey’s Adult Drug Courts, recidivism has fallen quite dramatically over the past ten years among drug offenders. A 2001 report showed a 54% re-arrest rate after leaving prison. Now, however, three years after graduation from a N.J. drug court only 16% of graduates have been rearrested.

The drug courts don’t just punish someone for violating the law, they help a drug offender gain control of their life and drug habit to ensure it doesn’t happen again. Drug courts aren’t a walk in the park and require real effort and commitment to sobriety by those who are fortunate enough to have their cases handled there.

Participants are closely monitored for compliance and kept within a tightly structured recovery process. The Courts utilize a combination of many resources and actors within the criminal justice system including the judge, defense attorney, probation officers, treatment professionals, and prosecutors all working together for the participant’s success rather than looking out for individual interests.

New Jersey drug offenders may qualify for drug court participation by being ordered to a period of special probation, or by being assessed as having drug or alcohol dependence and having no violent criminal history and posing no danger to the community.

In other words, not every drug crime will be heard in these courts. They are intense and structured but they are beneficial to those who qualify.

If you’re charged with an offense that involved a firearm, you won’t likely be seen in drug court. Likewise if you have a history of domestic violence or even a mutual fight on your record, you could be disqualified.

However, if you are facing drug charges and this is your first offense or you admit to having a problem and needing treatment, you may qualify for drug court. This isn’t just about paying for a crime, it’s about wanting to change your life.

Contact me today if you are facing drug charges and are interested in learning more or are curious about your eligibility. Even if you would rather serve your jail time and move on without going through drug courts—I can help.

As a criminal defense attorney, it’s my job to represent your interests. Contact me today to discuss your case.

Edward Forchion, known as “NJWeedman”, plead not guilty to charges of third-degree possession with the intent to distribute and fourth-degree possession of drug paraphernalia in Burlington County Superior Court.Forchion faces years in prison if convicted. The prosecutor has offered a deal of 6 years in prison, with 3 of those with no eligibility for parole.

According to Phillyburbs,  Forchion is free on bail, and intents to fight the case on Constitutional grounds that the legal code under which he is charge says that marijuana has “no medicinal value”.

Yet in January, outgoing governor Corzine signed a medical marijuana law in New Jersey.

He does not deny that he was in possession of one pound of marijuana when stopped by the police on April 1st, for running a red light.

Forchion is a longtime advocate and activist for marijuana legalization, and currently sells pot legally in California, as part of the Liberty Bell Temple, which he founded.

Last year, New Jersey officials collected about 9,500 pounds of medications—prescription and over the counter medications that may have otherwise been sold or used on the black market. This year they hope to surpass that weight with 400 New Jersey towns participating in the sweep.

This Saturday from 10 am to 2pm, drug stores, police stations, and libraries are among the organizations and businesses designated as drop off zones. Citizens are encouraged to bring in any expired or unwanted prescriptions and other medications at this time. The goal is to prevent illegal use of these drugs by people they weren’t intended for.

The availability of prescription drugs has contributed to their growing popularity among illicit drug users. From pain killers to anti anxiety medications, pills are more popular than ever and emergency rooms and police across the country are taking note.

Although Operation Medicine Cabinet was a success in New Jersey, this year the program is going nationwide in what the Drug Enforcement Agency is calling “The National Prescription Drug Take Back” campaign. All told 2,700 locations nationwide will be accepting the unwanted medications.

As this article from NJ.com points out, many kids first dabble in drugs by raiding their parents’ medicine cabinets. Although these drugs may originate from a legitimate, medical need they can quickly be converted for an illegal and dangerous high.

Not only that, but if you are caught in possession of a prescription medication that is not yours, you can be criminally charged. Because of the growing popularity of prescription drug abuse, both police and courts are cracking down on the practice.

Depending on the drug and how it is classified within the New Jersey penal code, you could spend years behind bars for just a possession charge. While that isn’t likely, it’s possible.

Luckily, if you face a drug possession charge in New Jersey and have an otherwise clean criminal record, you will have better chances of getting a favorable outcome in court. A defense attorney can help you figure out just what kind of consequences you’re facing for your criminal charge.

If you have prescription drugs you are not using, the best idea is to get rid of them. If, however, you are facing charges in regards to prescription drugs, the best idea is to talk to a defense attorney.

Call me today for a free consultation on your drug case. I can give you some valuable legal advice and help you make sense of your options.