OUT OF THE JOINT: 'WEEDMAN' GIVES UP POT AS PART OF ISP

Ed "NJWeedman" Forchion is no longer smoking pot.

Comparatively speaking, this is similar in scope to a magic genie no longer
granting wishes.

Forchion, 37, was released last week from state prison, where he served 17
months for possessing 25 pounds of marijuana.

He was released into the state's Intensive Supervision Program (ISP), a
heightened form of parole, in which Forchion, among other things, could
have his body and home searched for any illegal herbs.

"Obviously, I can't smoke marijuana," Forchion said. "But that won't be a
problem. I told the judge I went 17 months on the inside without smoking,
and I was offered pot every day. Every day. I was a mini-celebrity in there."

The reason for Forchion's celebrity is due to his unflinching belief that
marijuana should be legalized.

Known nationwide, Forchion, a Pemberton resident, has pulled many stunts to
bring attention to the legalization movement.

He's run for office, getting 2,706 votes for Burlington County freeholder
and 1,983 votes during a congressional run.

He also has lit up joints in courtrooms, a judge's office, and most
famously, during a session of the state assembly.

But that's all behind him, thanks to the conviction and the conditions of
the ISP release.

"Because of ISP, I can't be an open advocate for legalization," Forchion
said. "But none of my opinions have changed. And people know me more now
than before, so I don't need to run around with a sign or smoke in the
assembly."

While Forchion might be keeping his legalization talk on the back burner,
he is still intent on fighting the system that put him in prison in the
first place.

Forchion is fighting the battle on many fronts, most notably in Federal
Appeals court.

The court accepted his appeal, and Forchion is now waiting for his day in
court.

Forchion alleges his trial was unconstitutional due to his not being
allowed to call witnesses and his not being allowed to pursue jury
nullification as a defense.

Jury nullification, in it's pure sense, is when a jury decides that a law
is unjust, and thus refuses to convict.

The trick to this strategy, however, is that it is illegal in Jersey to
inform a jury of this right.

Forchion went with the strategy anyway, without help from the Public
Defender's office.

And Forchion was not allowed to call witnesses, including doctors, who were
set to testify marijuana should be legal.

"What happened was a total sham and mockery," Forchion said. "People just
blew me off because I was a pothead. I was the little guy fighting the
Goliath of government and they took away my slingshot -- jury
nullification. It's the 'We the People' weapon."

While in Riverfront State Prison, Forchion also had trouble securing all
the court transcripts needed for his appeal.

After 17 months, he says he now finally has them all.

"I couldn't believe state officials got away with not giving me my
transcripts," Forchion said. "It was a cover-up."

One question that hangs over Forchion's head, especially now that he out of
jail, is what happens if the federal courts overturn his original
conviction? Would he be willing to go back on trial, call his witnesses,
practice jury nullification, and risk being sent back to jail? All in the
hopes of legalizing marijuana?

"Absolutely," Forchion said.