CONSTITUTIONAL CHALLENGE TO NEW MJ law!

[NJWEEDMAN]

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Just so no-one here is surprised I plan on Challenging the new law as soon as it is signed with a INJUNCTION to stop it's implimentation.

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(VOID for VAGNESS)
Question would people like me - who use marijuana medicinally/Spiritually be allowed to under this NEW LAW? Why is this law so restrictive? To the writers of this LAW they should have just "COPIED CALIFORNIA's PROP 215" instead they write this crap that will do nothing but be tied up in courts for years. Most people who want/need marijuana won't be helped at all by this "limited new law". Why ca't a person like me be a PROVIDER in Jersey.

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http://www.philly.com/philly/news/lo...n_in_L_A_.html
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[color="DarkRed"]The Weedman roots down in L.A.[/COLOR]



When the New Jersey Senate voted last week to legalize marijuana for medical use, the first person I thought of was Ed Forchion.

You may remember Forchion by another name: NJ Weedman.

He's that patriotic pothead prone to arrest for lighting up - and speaking out - in public. A Rastafarian rebel who has won court battles using a considerable intellect undiminished by his indulgence. A perennial political candidate on his own Legalize Marijuana Party ticket.

I used to talk to Forchion all the time. But we had lost touch since his 2005 promise to stop fighting The Man and start acting like A Man.

"My daughter just turned 10," the Browns Mills activist explained at the time. "Her whole life I've been the Weedman and we've been poor."

A trucker by trade, Forchion figured he'd improve his family's fortunes behind the wheel of his big rig. But then he saw the light.

Bright lights, to be exact.

Last year, the NJ Weedman moved to Los Angeles. Last week, I reached him at the legal medical-marijuana dispensary he runs on Hollywood Boulevard.

"In New Jersey, I got hassled, fired from my job, and attacked by police," Forchion recalled by cell phone. "Out here, nobody bothers me. I'm becoming a celebrity."

Like the rest of Tinseltown, the Weedman wants to be a star.

"I'm looking for great revolutionary people," producer Bobby Razak explained in a break from filming a reality-TV pilot at Forchion's pot shop. "Someone needs to show viewers what this guy is all about."



A passion for pot
In 1996, California voters approved the Compassionate Use Act, allowing patients to obtain medical marijuana with a doctor's note. Since then, hundreds of dispensaries have opened up and down the coast.

One of the newest ganja marts has a primo location and a name honoring two of its owners' three passions: democracy and faith.

Liberty Bell Temple.

"I'm an employer!" Forchion exclaimed. "I'm the boss."

And a savvy one, judging by the deals listed on his Web site, www.libertybelltemple.com.

One free gram for new "patients." A 10 percent discount for folks with a disability. Twenty-five percent off for "life-threatening illnesses."

Boasting "nothing over $55," this temple is the Wal-Mart of weed.

Forchion's patients include entertainers ("rappers, ultimate fighters, B-list actors") and professionals ("postal carriers, schoolteachers, suits-and-ties").

They come heads held high, carrying state-issued medical cards.

"We have people with MS, people in wheelchairs, a kid with stomach cancer," Forchion explained. "Most customers, you can't see the problem. Here, if you think [marijuana] helps with headaches - and it does - you can smoke it."



Garden State roots
To stay on the right side of the law, Liberty Bell operates as a nonprofit. And yet, financially, Forchion is doing better than ever.

He has five employees and a boldly painted van he pays others to drive as a promotional tool.

"Call my ex-wife. Every Friday, I send $350 a week home," the divorced dad said proudly. (I did, and she confirmed that he does.)

"I'm not only providing for my kids. Now I spoil them."

Forchion is closely following the Garden State debate over medical marijuana. The Senate bill faces an uncertain fate in the Assembly, but Gov. Corzine has promised to sign it into law if it reaches his desk.

New Jersey's proposal would allow only severely ill people - those with cancer, AIDS, or chronic pain - to use the herb.

"Only a third of my customers here would qualify there," Forchion said, glumly.

And so far, the Garden State would bar people with felony records from selling medical marijuana. That would keep Forchion from opening an East Coast outlet - a slight he might fight in court just like in the old days.

"People keep asking me if I'm going to become the LA Weedman," Forchion relayed with a scoff.

"I'm from New Jersey," he said. "No doubt I'm going to be back."

Once the NJ Weedman, always the NJ Weedman.








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[donl]

This is getting interesting...if I remember our history of the weedmans fight against the man,to allow him his right to grow and smoke pot,for his religion...I followed over the years his wars w/new jersey,even read the research reports from Jerseys ACLU chapter...there was never to my knowledge a mention of Marijuana for medical reasons,..now I could have missed it somewhere along the way....but religion was his issue,...I had known his dislike for the seemingly unfair NORML but it appears its risen to an even higher level of late...and now he's talking ...dispensaries in jerseyland....went to Cal....got into the commercial sale of pot for med.use...fighting the unfair bill that might get passed in NJ because for the most part it would not incl.75%...of his potential clientele....we appear to be having a war over something that doesn't even exist....its fucking amazing...and Rhse will love this ...how fast the capitalist mind is working to get a foothold on something for the ill...and add to this added lengths one will go through to get his full potential.....sorry weedman....don't back you any more,your motives are not for the good of those who need this bill passed......its a beginning !

[freddydi]

Weedman, thanks for the post. I am not sure I fully understand your problem with the medical marijuana law in the NJ legislature though... its designed for people who use marijuana for medical reasons. It was never intended to be a catch-all for everyone. A constitutional challenge of it, once it passes, on this basis would, in my opinion, have little chance of success... Or are you speaking simply about how felony drug convictions prevent you from being a caregiver (that provision of the law makes little sense to me as many medical marijuana patients have felony drug convictions as a result of their own self medication!)

I can assure you that NORML-NJ 100% supports your use of marijuana as sacrament, or anyone's adult use of marijuana for whatever personal purpose. We are not a medical marijuana organization and would like to see a rational marijuana policy, ideally a system whereby marijuana is regulated in the same manner as alcohol.

I would love to talk with you about it further. I am really curious why you don't think this is a good first step regarding our outrageously stupid marijuana laws... is this not at least helpful to many? Incidentally, s119 may not be quite as sweeping as prop 215, but chronic pain is a very prevalent symptom and my feeling is that many more than 1/3 of cali's patients would likely qualify in NJ eventually.. although you are right in assuming that litigation is likely inevitable. I will be at the front line on the Court battles which seek to define the parameters of the law, with the purpose of ensuring as many qualify as rightfully possible.

[phiend]

Originally Posted by donl

because for the most part it would not incl.75%...of his potential clientele....

This was my among my first thoughts after reading the article as well. He seems distraught over not being able to maximize his personal profit from the sale of medical marijuana in NJ. If he were truly an advocate of medical marijuana he would, in my opinion, be content for now to accept a small victory while continuing to pursue a larger win in the future.

Its a shame that the predators are already lining up for their opportunity to profit off of something associated with compassion.

[donl]

I would think certain others would see the same as only a handfull of us voiced!......phiend my sentiments exactly....

freddi...me thinks you've misread his motives....things change when an activism becomes a business venture....I 've seen it before sure I'll see it again!!

[freddydi]

donl, yes perhaps you are right. It completely went over my head as it was the last thing I was expecting. Thats a real shame.

[NJWEEDMAN]

Ok - I'm working on that challenge now. At some point in the near future I'll be sneeking into the state and filing a suit to challenge the constitutionality of this crap.

Why would the state recognize the medical use of marijuana but continue to prosecute people under criminal statutes that claim marijuana has no medicinal value and is a schedule I drug?

The fact that the state has recognized its medical usefullness should invalidate criminal statues that claim marijuana is a schedule I drug.

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"Anyone challenging the constitutionality of a statute bears the burden of establishing its unconstitutionality." NEWARK SUPERIOR OFFICES ASSOCIATION, Supra 98, N.J. at 222, 486 A2d 305.

I wish to challenge the constitutionality and validity of this new law, I'm working on gaining standing. - (i need to create my own case) -

Laws need to evolve, The faster the better.

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ROLLING UP VICTORIES

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CHALLENGE DNA LAW


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[HighMtnSkier]

Yeah, there's a bit of contradiction there. Just don't nullify the new law for those that do qualify

[ganjamonkey]

First, respect to NJWEEDMAN! In his defense, from what I have seen, he's done more for the cause in NJ than any other single person in the state. His bold and in your face style of activism is the only way to stir public debate here because people are so complacent. I think its shameful to fault a man for rising up from activism to business...we all have to put food on the table and the more people doing just that by growing and selling weed in America the better!

With that said...NJWEEDMAN you have a great deal of knowledge and public support here in NJ. Please use it wisely, challenging this much needed reform is not progress and could prolong suffering to patients who are waiting! I agree 100% that hemp/cannabis should be 100% legal. However, instead of challenging the current law it seems that your political clout could be better spent pushing further reform. At first glance, the list of conditions in the current bill seem restrictive but DHSS will have the final say. Lobbying DHSS is the best way to ensure the most universal and inclusive interpretation of the law.

Although I feel that activism is dead in NJ and that challenging the current law would no doubt stir more debate, pushing for further reform is the best way forward.

Respect!

[NJMJLLC]

YEP, nothing wrong with the law except you can't grow your own.

DHSS will get swamped with calls and emails soon enough. Maybe we'll create a task force of sorts to do just that.

But props to you NJWEEDMAN, turning what you're passionate about into a business, that's supposed to be the way of The American Dream. Congrats! I plan to follow suit.