'NJWEEDMAN' CHALLENGING STATE LAW INVOLVING INCARCERATION AND DNA

Marijuana activist Ed "njweedman" Forchion of Pemberton Township is
challenging a recently enacted state law that requires all state prisoners
and parolees to submit DNA samples.

Forchion, who is currently serving a parole term for a
marijuana-distribution conviction, has filed a request in federal court in
Camden that would exempt him from complying with the state's new DNA-sample
law.

Forchion argues the new law is simply an "ex post facto," or
after-the-fact, form of punishment that is also an illegal invasion of his
privacy.

"I really don't have a problem with DNA, but it's being used as (another
form) of punishment," Forchion said. "It's just an invasion of privacy."

The new law Forchion is challenging was signed by Gov. James E. McGreevey
on Sept. 22. The law is seeking to boost the state's database of DNA
evidence by expanding the crimes for which DNA samples are collected.

Before the law was enacted, only offenders who committed violent crimes or
serious sex offenses were required to submit DNA samples. Now, anyone
convicted of burglary, weapons offenses, theft of items above $250 and
other 4th-degree offenses must submit DNA samples. The law also applies to
all offenders currently in state prison or those being supervised by the
state through parole or probation programs.

The governor and state legislators, including Assemblyman Herb Conaway,
D-7th of Delanco, touted the law as a way to enhance criminal
investigations with a bigger database of DNA evidence. The amount of
samples in the database is expected to grow from 10,000 to 140,000. The new
law also tacked $2 onto every traffic fine collected in the state to pay
for upgrades to DNA-testing laboratories and to hire at least 40 new
scientists.

Forchion, however, said the law should not apply to people who have
previously been convicted of a crime, such as himself, because the U.S.
Constitution protects additional punishments from being added to the
original penalties after the fact.

"This is a constitutional issue," Forchion said.

In addition, he cited a California federal appeals courts' recent decision
that a similar federal DNA-sample law is unconstitutional.

Forchion, who calls himself "njweedman," is currently enrolled in a state
parole program that forces him to undergo routine urine testing. He joined
the program last year after serving 16 months in state prison on a 2000
marijuana-distribution conviction.

Forchion said he would stop submitting urine samples if the state tries to
glean DNA from them.