JURY NULLIFICATION

In this day and age it most certainly is a rare instance where a formerly convicted ex felon is arrested again for the same charge, and is able to use a jury nullification defense to receive a
 
 

NJ Weedman AKA Edward Forchion did just that. 


He summarily used NJ's own  newly enacted Medical Marijuana laws against  decades of old laws regarding the criminal prosecution for distribution/possession of Marijuana.

Edward Forchion is a dual resident in NJ , and CA. 

He argued that the he is licensed to posses marijuana in CA ,and that it was not for 
distribution, but for medicinal reasons.  He argued that the jury has the right to effectively nullify a law.

He has a form of cancer that produces painful bone tumors.  He uses cannabis to ease the pain.

 In pretrial motions, which were subsequently barred from being argued before the jury, 

Forchion challenged the constitutionality of the state’s criminal code ; because New Jersey now has a Compassionate Use Medical Marijuana law that recognizes the benefits of cannabis.

 
 The decision came after Forchion was almost held in contempt of court Thursday morning as he delivered his closing argument.


 NJWeedman tried to introduce his jury nullification argument into the closing, but Superior Court Judge Charles Delehey, who had already barred any discussion of it, quickly stopped him.

 "If you want to make a martyr of yourself, the court will deal with you," the judge told Forchion, who was wearing a "Marijuana... It's OK" t-shirt.

 "You've done everything you can to disrupt this trial."

The state claimed that because a pound of marijuana was involved, Forchion intended to distribute it. 

Perhaps sensing the tide turning against him, Burlington County Assistant Prosecutor Michael Luciano tried to convince the jury that the case was not a "political referendum" on medical marijuana or cannabis legalization.

"It is not a litmus test on the War On Drugs," Luciano claimed.

The assistant prosecutor also claimed that "numbers and common sense" should result in a guilty verdict, claiming that Forchion had enough weed on him when he was stopped by police in Mount Holly on April 1, 2010, to smoke "for months."

Luciano claimed Forchion would have to smoke two to three joints an hour nonstop, 24 hours a day, seven days a week, to get through the pound of marijuana in six months. 

NJWeedman disputed the prosecutor's math, saying it didn't accurately portray how he uses cannabis.

 

Ultimately the Jury rejected the prosecutors claims, and issued a "Not Guilty " Verdict. 

I guess they didn't want to waste 30-40 thousand a year to incarcerate NJ Weedman for having a pound of natural vegetation with medicinal properties.   

 The state wouldve recommended upwards of 5 yrs in this case.

  Leave it up to fiscally conservative juries.