STORY IDEA: "RELIGIOUS MARIJUANA CASE" njweedman

[DdC]

"NJWEEDMAN" njweedman@yahoo.com 12 Mar 2005

IDEA,

Nothing is ever said in the mainstream press about the Religious Use of Marijuana. I'm hoping all that changes as a result of my Religious Marijuana Case in Federal Court in Philadelphia. I have the whole case online including video's of my arrests for prayin & smokin at the Liberty Bell in Philadelphia.I'm hoping you could enlighen your readers to this "case". Do we really have "freedom of religion" in America or is it just "freedom of religions acceptable to our Christian law-makers".

Are you familar with William Penn the follower of that illegal religion Quakerism?
http://www.quaker.org/wmpenn.html

I'm the modern-day equalivelent; a follower of the illegal religion of RASTAFARI. Please go to this page to see what I'm talking about "please": www.njweedman.com/smokeout .
http://www.njweedman.com/smokeout

My court case before the Federal court (Judge Dalzell) is at the district level. (U.S. Vs Forchion).
http://www.njweedman.com/USA_vs_FORCHION

I recently won my motion for "stay of illegal sentence" (below story) and have filed the attached APPEAL BRIEF. This brief touches on a wide range of legal "drug-war" issue's as they pretain to RELIGION. Such as "drug testing for a persons religious practices" and "religious indoctrination" disguised as a drug program as well as the actual religious use as per the RFRA.
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RECENT STORIES ABOUT THIS CASE
http://citypaper.net/articles/2005-01-20/cb3.shtml

Joint Decision

A U.S. District Court judge grants Weedman a stay of sentence. For now.
by Cory Frolik

While he remains mired in legal troubles and no closer to seeing himself in front of the U.S. Supreme Court to argue his " right" to smoke marijuana, things don't look half bad for Ed Forchion. At least he can toke up and test his interpretation of federal laws without the fear of jail time.

Following the Nov. 12 sentencing hearing where he received a year of probation and a $150 fine for drug possession after organizing a series of marijuana smoke-outs at the Liberty Bell, Forchion, aka NJ Weedman, was worried. "Pencil me in jail," he said, predicting he wouldn't have much luck passing court-ordered drug testing [News, "Up in Smoke," Cory Frolik, Nov. 18, 2004].
http://citypaper.net/articles/2004-11-18/cb3.shtml

Forchion's argument was simple. Since he is Rastafarian, smoking marijuana is a religious sacrament. As such, he was protected to do so on federal property thanks to the 1993 Religious Freedom Act. The judge, however, wasn't having it.

Less than two months later, however, Forchion has seemingly caught a break. His motion for a stay of sentence (a plea to the District Court to throw out his punishment while he goes through the appeal process) was granted by U.S. District Judge Stewart Dalzell earlier this month.

Forchion authored the motion, which cites freedoms provided by the First Amendment, attacks U.S. Magistrate Court Judge Arnold Rapoport (he sentenced Forchion and co-defendant Patrick Duffy), and says he should be exempt from drug testing altogether. In short, the charges and
probation conditions represent an unconstitutional religious persecution, maintains Forchion.

"I'm not creating something," explains Forchion. "I'm using what is already there."

In his Jan. 7 order, Dalzell wrote, "because staying Forchion's sentence will not endanger the public or seriously undermine any important public interest, the risk of irreparable injury to Forchion from being subjected to potentially invalid restraints on his liberty requires us to stay his sentence."

For Forchin, this is a massive relief. Though he didn't test positive for marijuana once during his probation, he said there was no way he was going to stop smoking the "sacrament." And because of that, he said he figured he'd ultimately pay for it. The appellate process is an uphill battle as it is, but coordinating it from behind bars would have severely complicated matters.

"It moves my case to court," says Forchion. "I don't fight it from a jail cell."

The appeals court is likely to rule within two months. Until then, Forchion knows what he'll be doing.
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Up in Smoke by Cory Frolik

Two legalization backers get sentenced for their Liberty Bell marijuana rallies.

Edward Forchion and Patrick Duff pretty much figured John Q. Law wouldn't be happy with them for lighting a joint near the Liberty Bell—not once, but thrice.

Turns out, they were right.

Last week, U.S. Magistrate Court Judge Arnold Rapoport sentenced Duff and Forchion—aka N.J. Weedman—to a year's probation and fined them $150 for their smoke-outs. The pair is also barred from Independence Mall and will be subject to random drug testing, a prospect that leaves
Forchion fearing the worst is yet to come.

"Pencil me in jail," says Forchion, who has no designs on passing any drug screening anytime soon. "When they gave me probation, what they really gave me was jail time."

Forchion and Duff had been arguing that, as Rastafarians, they were entitled to smoke marijuana as a "sacrament." Further, as they were exercising their right to religious __expression, they couldn't be prohibited from smoking near the Liberty Bell since the 1993 Religious Freedom Act holds that Rastafarians can't be persecuted for using marijuana on federal property [Fine Print, "What's His Kryptonite?" Morris Bracy IV, March 25, 2004].

Forchion and Duff took those arguments to the federal courthouse at Sixth and Market streets, along with their pro-bono attorney, Michael Coard, for a hearing last Wednesday.

There, Forchion—a former truck driver turned marijuana-legalization activist who ran for a U.S. House seat in New Jersey—was asked to verify that he is in fact a Rastafarian. The defense then presented videotapes of the pair's Liberty Bell visits which depict Duff attacking the "war on drugs" through a bullhorn. After praying together, Forchion and Duff are shown sparking a joint.

The two were cleared on charges of hindering governmental functions and disturbing the peace. However, Rapoport found them both guilty of drug possession. They had to return to court last Friday for a sentencing hearing at which Forchion denounced both the American government for not understanding Rastafarians and the judge for obeying fundamentally "Christian laws."

"If we'd have paid the citation, we'd be fine," says Duff, who maintained they now face steeper sentences because they had the audacity to publicly question the government. Duff says they plan to appeal the sentence to the U.S. Supreme Court if necessary. He predicts that while their case might seem small for the time being, "it's going to be huge."

.If you know of another reporter,webmaster,columinist or editor that may be interested in this case please forward this e-mail to them! (420 - THANKS)
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Help the weedman fight the good fight:
http://www.njweedman.com/contrib.htm
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"Fuck the law, Smoke it anyway!"
http://www.njweedman.com/smokeout

http://www.njweedman.com

IN THIS WAR ON DRUGS THE BATTLE FOR "THE LEGALIZATION OF MARIJUANA" HAS 3 FRONTS; MEDICAL , RECREATIONAL, and RELIGIOUS. "NJWEEDMAN" WHILE BELIEVING IN THE LEGITIMACY OF ALL THREE FRONTS HAS SERVED AS A FIELD GENERAL ON THE RELIGIOUS FRONT. COME JOIN US AT THE BELL; participate in NJWEEDMAN's monthly RELIGIOUS RIGHTS DEMONSTRATION at the LIBERTY BELL!



Marijuana use at the Liberty Bell is legal!

In 1993 the U.S. Congress passed the (42 U.S.C. § 2000bb(a))
Religious Freedom and Restoration Act which allows for the religious use of marijuana on federal grounds; during the course of a religious ceremony.

Since Dec. 20th, 2003 local provocateurs, Pat Duff and NJWEEDMAN, have demonstrated this fact by smoking marijuana at the LIBERTY BELL every month. Thier goal is to prove that the use of marijuana at the LIBERTY BELL IS LEGAL!

They have now decided to turn Independence Park into Philly Peace Park and invite you the PEACEFUL POTHEADs of AMERICA join these two FREEDOM FIGHTERS in “joint” demonstrations for marijuana's religious legality. Help make a statement to end the “WAR on DRUGS”. Every 3rd Saturday ( 3-4:20 pm) of each month, the next demonstration is set for Jan 15th, 2005!.

THIS IS AN EXAMPLE OF THE "DANGEROUS" THOUGHTS & OPINIONS
THE GOV'T LOCKED HIM UP FOR EXPRESSING and EXPOSING!

Have you been arrested for marijuana?
Use the: RELIGIOUS DEFENSE!
http://www.njweedman.com/religious_defense.htm



Cannabis Culture Archives: Sacrament

Sacramental Cannabis

[shaudes]

keep up the good fight guys. What your dooing takes real determination. If only 10% of use had yor determination. The unconstitutional prosicution of our religion would be over.

Blessid be brothers

Maybe oneday i'll be among your ranks.