LISTEN TO THIS VIDEO AND READ THE TEST BELOW
In July of 1997 Governor Whitman signed into law a new Omnibus Crime Bill that revamped all of the 2:C criminal laws. (N.J.S.2C:43-3(1)) described marijuana as a schedule 1 drug - "having no medical value". Most citizens arrested in New Jersey for marijuana are charged with violating 2c:35-10
On 1/18/2010 New Jersey Governor Jon Corzine signed into law the NJ Compassionate Use Act C.24:6I-2. Which officially recognizes marijuana as a "medicine".
The law, in part, reads:
The Legislature finds and declares that: (a) Modern medical research has discovered a beneficial use for marijuana in treating or alleviating the pain or other
Please think about this:
New Jersey now has two laws saying two different things.
(1) One law the most current is THE MEDICAL MARIJUANA COMPASSIONATE USE ACT C.24:6I-2 recognizes marijuana's medical use.
(2) The other law our 2C:35 criminal laws don't specifically doesn't recognize marijuana medical value and because of that marijuana is still illegal and descripted as a schedule 1 drug in New Jersey.
BY LAW (DUE PROCESS) wouldn't that render the older 2C:35-10 law, and the description of marijuana in 2C:43-3(1) that specifically doesn't recognize "medical use" as outdated, obsolete, flawed at the very least, and outright unconstitutional at best?
Shouldn't the state's title 2C:35-10 marijuana laws be VOIDED for VAGUENESS, and nullified as violation of due process?
How is it the State of NJ gets to prosecute citizens like myself under 2C:35-10 criminal statutes that falsely, and in direct contrast to the more recent NJ (Medial marijuana Compassionate Use Act) law, that statutorily classifies marijuana as a schedule 1 drug having “no medical value”. Then simultaneously allowing, under the NJ Compassionate Use Act C.24:6I-2, other citizens to grow, distribute, and use it as a “medicine”?
For instance in the 1800"s there were laws that described African-Americans as 2/3rds's of a person (Missouri compromise), The Supreme Court in The Dred Scot decision said, "no whiteman was obligated to respect the rights of a negro" - BUT then the 13th and 14th Amendments were passed in 1860's that rendered those previous laws moot, voided, vague you see they were nullified with the passage of these amendments. Likewise I believe the New Jersey Compassionate Use Act - voids & nullifies the 2c:35 laws.
Equal protection, Due Process?
In American constitutional law, a statute is void for vagueness and unenforceable if it is too vague for the average citizen to understand. There are several ways, senses or reasons a statute might be considered vague. In general, a statute might be called void for vagueness reasons when an average citizen cannot generally determine what persons are regulated, what conduct is prohibited, or what punishment may be imposed. Criminal laws which didn't state explicitly and definitely what conduct is punishable for example are void for vagueness. A statute is also void for vagueness if a legislature's delegation of authority to judges and/or administrators is so extensive that it would lead to arbitrary prosecutions.
Unconstitutional vagueness is a concept that is used to strike down certain laws and judicial actions in United States federal courts. It is derived from the due process doctrine found in the Fifth and Fourteenth Amendments to the United States Constitution. No one must risk criminal prosecution merely because he or she cannot reasonably understand what conduct is prohibited under the law.
Other states such as California dealt with this by making "medical exemptions" to its criminal statutes. New Jersey has a provision (N.J.S. 24:21-3(d)) within the Department of Health to do as well, this statute allows the director to change the schedule but the NJ politics of pot prevents the application of this provision.
d. The director of the State Department of Health shall update and republish the schedules in sections 5 through 8.1 of P.L.1970, c. 226, as amended and supplemented (C.24:21-5 through 24:21-8.1) periodically.
Governor Christie has engaged in obstructionist politics and failed to order the Department of Health to change the state schedule of marijuana. Thus, here in NJ we still have two laws saying the opposite thing(s). If this wasn't about marijuana, lawyers and Judges would acknowledge this as an unconstitutional fact but the legal profession and law enforcement need marijuana to stay illegal. It is clearly the backbone of the lucrative war on drugs and a huge cash cow for the local defense municipal lawyers. This is clearly unconstitutional. I believe “every NJ citizen” arrested and prosecuted under the current 2C:35-10 marijuana criminal statutes since 1/18/2010 were prosecuted unconstitutionally.
My pending NJ-APPEAL( of Burlington County indictment# 10-08-0866 ) argues that on POINT VII on behalf of all citizens - not just me. In that case in pre-trial motions to Judge Delahey I argued to dismiss my indictment and the (2C:35) charges based on this valid claim of unconstitutionality. (Please read My MOTION here) Due to the "Politics of Pot" Prosecutor Luciano argued against and Judge Delehey declined to dismiss or rule that Title 2c laws were now unconstitutional. Thus, I was prosecuted in two public trials under the (unconstitutional) Title 2c criminal statutes instead of being protected under the Compassionate Use Act. Additionally “amongst other issues” I’m arguing there was a valid Equal Protection constitutional questions to Judge Delahey’s denial ruling. AGAIN - Now that the state has recognized marijuana medical value how is it the state of New Jersey gets to tell us who is to be medically treated with marijuana, and who shouldn’t be? Under what authority was this? Marijuana is a medicine and should be accessible equally. How does the state get the authority to pick and choose diseases, ailments and conditions acceptable to it? Where does this authority come from for the state to authorize some persons to use marijuana per medical law C.24:6I-2 , while depriving others with criminal sanctions per 2C:35-10.
14th amendment Equal protection, - No State shall deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
Factually - I was arrested on 4/1/2010, three months after the NJ Compassionate Use Act C.24:6I-2 was enacted and signed into law 1/18/2010. I’ve been a marijuana legalization activist for over a decade and was well aware of the New Law and its implications per scheduling – this fact played into “my state of mind and understanding” that the state of New Jersey at the time of my arrest had in fact recognized marijuana’s medical value. “I believed” at the time of my arrest I had the protection of the medical law and criminal statues were thus voided for the reasons ‘stated above’. Yet in pretrial rulings Judge Delahey refused to allow me to introduce the Compassionate Use Act C.24:6I-2 as part of my defense, or for protection from criminal prosecution, nor would he VIOD it for Vagueness. I wasn’t allowed to present this fact/option to my jury. His ruling actions are to be attacked on my appeal as violations of Procedural “due process. He denied me my Due Process RIGHT: “Opportunity to present reasons why the proposed criminal action should not be taken”.
Full Faith and Credit - I'm a legitimate medical marijuana patient Licensed by the State of California per. I have bone cancer, several doctor recommendations as well as a California issued medical marijuana card. Judge Delehey ruled that it was irrelevant legally and refused me the medical protection. The intent of the NJ Medical Marijuana law was to protect legitimate medical patients from imprisonment. What about citizens such as myself Licensed in one of the “14 states and the district of Columbia who permit the use of marijuana for medical purposes, or as in Arizona doctors are permitted to prescribe marijuana. Hundreds of thousands of US Citizens are now being registered and licensed as medical marijuana patients nationally. Are they to avoid the State of New Jersey because of its archaic marijuana laws? Will they all be subjected to criminal proceedings I’ve been thru since 4/10/2010? Does the State of New Jersey really believe persons with a legitimate condition must switch treatments upon entering into New Jersey for fear of arrest? Why isn’t the Full Faith and Credit Clause respected? If a New Jersey medical marijuana issued card holder was accosted by law enforcement in California they would be treated per Proposition 215, the California Compassionate Use Act of 1996 (11362.5) as medical patients.
The Full Faith and Credit Clause is the familiar name used to refer to Article IV, Section 1 of the United States Constitution, - Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state. And the Congress may by general laws prescribe the manner in which such acts, records, and proceedings shall be proved, and the effect thereof
I originally wrote this from the Burlington County jail – jailed on a possession charge for the Medical marijuana that I bought legally in California, and brought with me on family visit to New Jersey. I’m positive on appeal Judge Delahey’s rulings will be over turned but there is no way to recover what I’ve lost in time, money, or freedom. I look forward to the rulings and precedents this case will render thanks to Judge Delahey’s short-sightedness.
Edward "NJ Weedman" Forchion
Burlington County Jail #73966
NEW MEDIA COVERAGE OF THIS ISSUE
WHY WONT NORML-NJ Legal - (The NORML NJ lawyers) attack the law?