NJ Criminal Defense

In ALL 21 NJ Counties
FREE Defense Consultation:

Open 24/7  (732) 385-3339
(888) 628-8394

  • Home
  • Practice Areas
    • All Practice Areas
    • Assault Charges
    • Arson Charges
    • Bad Checks Charges
    • Bail Jumping Charges
    • Burglary Charges
    • Cell Phone Ticket
    • Credit Card Theft And Fraud Charges
    • Criminal Coercion Charges
    • Criminal Sexual Assault Charges
    • Criminal Mischief Charges
    • Criminal Sexual Contact Charges
    • Criminal Harassment Charges
    • Domestic Violence Charges
    • Driving on a Suspended or Revoked License Charges
    • Driving Without Insurance Charges
    • Drug Possession Charges
    • Marijuana Possession Charges
    • Cocaine Possession Charges
    • Heroin Possession Charges
    • Methamphetamine Possession Charges
    • Drug Possession with Intent Charges
    • Embezzlement Charges
    • Criminal Record Expungement
    • Eluding Charges
    • False Imprisonment Charges
    • Gun/Firearms/Weapons Charges
    • Forgery Charges
    • Criminal Fraud Charges
    • Manslaughter or Murder Charges
    • Insurance Fraud Charges
    • Invasion of Privacy Charges
    • Kidnapping Charges
    • Theft Charges
    • Leaving the Scene of an Accident Charges
    • Prostitution Charges
    • Receiving Stolen Property Charges
    • Reckless Driving Charges
    • Resisting Arrest Charges
    • Violation of a Restraining Order Charges
    • Robbery Charges
    • School Zone Distribution of Drugs Charges
    • Shoplifting Charges
    • Simple Assault
    • Stalking Charges
    • Terroristic Threats Charges
    • Traffic and Driving Charges
    • Trespassing Charges
    • Juvenile Alcohol Possession Charges
    • Underage Drinking Charges
  • Case Results
  • About
    • About Our Firm
    • Certified Municipal Court Lawyer
    • Fees
  • Our Reviews
  • Q & A
  • Contact

As seen on

Reisig Criminal Defense & DWI Law, LLC ABC News
Reisig Criminal Defense & DWI Law, LLC New York
Reisig Criminal Defense & DWI Law, LLC CBS New York
Reisig Criminal Defense & DWI Law, LLC Fox News
Reisig Criminal Defense & DWI Law, LLC New York Post
Reisig Criminal Defense & DWI Law, LLC New York Times
Reisig Criminal Defense & DWI Law, LLC NJ True Jersey
Reisig Criminal Defense & DWI Law, LLC New Jersey Herald

Not Guilty on Drug Distribution – Jury Nullification for NJWeedman

October 22, 2012 by Matthew Reisig

After a long and well-publicized journey through the court system, Ed, the “NJWeedman” Forchion has been found not guilty on drug distribution charges. Originally from Jersey, living in California, and arrested on a trip home with a pound of pot, the NJWeedman made a name for himself by shaking the court system and challenging how things are normally done in the criminal justice system.

He was found guilty of 4th degree possession in May but a mistrial was declared on his distribution charge back then. Now, he faces sentencing on the possession charge, but no further action on the accusation that he intended to sell his pot.

Forchion represented himself in all of his criminal proceedings within the Burlington County Superior Court, and he was often criticized and reprimanded by the judge for his “antics” in the process. He, in essence, wanted the jury to think how he thought about marijuana, and though he admitted the pound of pot was his, he argued he shouldn’t be penalized for possessing his “medicine.”

Forchion suffers from painful tumors in his legs and is a card carrying medical marijuana user in the state of California. He is also a Rastaman, part of the cultural and spiritual movement that considers marijuana a sacrament. His case marks the first of its kind where a jury was allowed to use the fact that a defendant was a registered marijuana patient in the New Jersey courts. Officially, New Jersey does not recognize medical marijuana registrations from outside states.

Throughout the trial, Forchion also tried to tell the jury about jury nullification, encouraging them that if they didn’t think the charges against him were moral or simply didn’t agree with them, they could acquit. The judge barred Forchion from having this discussion, though it may have been too late.

Jury nullification is a fascinating concept, growing in popularity in marijuana cases where juries simply aren’t interested in prosecuting pot smokers. It happened recently in New Hampshire.  And a recent 60 Minutes story on marijuana use in Colorado noted that juries there are also against prosecutors charging these types of cases.

Whether the jury considered their verdict an act of jury nullification, it isn’t completely clear, but what is clear is that victory prevailed in this case of a man who drives around in a van decorated with airbrushed marijuana leaves and admitted to eating marijuana cookies throughout the trial.

His case is significant because he was allowed to talk about his status as a medical marijuana user. It’s even more significant because he was ultimately acquitted on the charge that he intended to sell marijuana. The prosecution argued the sheer amount of pot found in his van was evidence of his intentions to sell it. Forchion said the amount simply meant he smoked, and ate, a lot of marijuana.

When you are charged with a marijuana offense, whether in New Jersey or California, the courts will play hardball. They want to ensure no one is getting around the medical marijuana laws that are in place. But, when the evidence is in your favor and with a sympathetic and intelligent jury, you could be vindicated.

If you are charged with a marijuana crime, contact us today to discuss your legal options. 

Filed Under: Drug Laws

Primary Sidebar

Reisig Criminal Defense & DWI Law, LLC if you want to win1

RECENT POSTS

  • Police Welcome Drop in Crime During Covid-19 Lockdown; Worry Over Spike in Domestic Violence Calls
  • Domestic Violence Incidents Climb Dangerously During Covid-19 Lockdown
  • NJ’s Attorney General Cracks Down on Coronavirus Threats
  • Have You Been Charged With Domestic Violence in New Jersey During The Covid-19 Lockdown?
  • Criminal Lawyer Details Racketeering Charges & Penalties In NJ

HAVE A QUESTION? TYPE IT HERE

Categories

Reisig Criminal Defense & DWI Law, LLC Location

HOW CAN WE HELP YOU?

"*" indicates required fields

We offer free consultations. No office visit required, we will get back to you within 24 hours.

* ALL FIELDS REQUIRED

This field is for validation purposes and should be left unchanged.

Call Us Today: (888) 628-8394 or (732) 385-3339

© 2021 Reisig Criminal Defense & DWI Law, LLC
125 Half Mile Road, Suite 200, Red Bank, NJ 07701  (732)*625*9661
2500 Plaza 5, 25th floor, Jersey City, NJ 07311  (201) 793-7226
923 Haddonfield Rd, Suite #300, Cherry Hill, NJ 08002  (856) 334-0559
317 George Street, 3rd Floor, New Brunswick, NJ 08901  (732) 659-0984
Attorney Advertising / Disclaimer / Privacy Policy

* The reference to 1,389 cases without a DWI conviction applies to cases prior to November 1, 2017. This information should not create an unjustified expectation that similar results can be obtained for others without regard to the specific factual and legal circumstances.

** 82% Winning Percentage at Trial is from 2012 through 2017.