The marijuana laws are the oldest JIM CROW Laws still in existence, while many states across the country are changing their archaic laws, decriminalizing or legalizing marijuana New Jersey is stuck on Reefer madness racism. Not just from our Governor, Christie who is as opposed to marijuana legalization as George Wallace was to desegregation. I’m referring to last week’s decision by the New Jersey Supreme Court to declined to hear a marihuana case that Constitutionally challenged New Jerseys marijuana laws as being Dejure/Defacto racist. Some like me say they did look and decided to keep the Jim Crow laws intact.
Wikipedia: Jim Crow laws were state and local laws enforcing racial segregation in the Southern United States. Enacted after the Reconstruction period, these laws continued in force until 1965. They mandated de jure racial segregation in all public facilities in states of the former Confederate States of America, starting in 1890 with a "separate but equal" status for African Americans. Conditions for African Americans were consistently inferior and underfunded compared to those available to white Americans. This body of law institutionalized a number of economic, educational, and social disadvantages. De jure segregation mainly applied to the Southern United States, while Northern segregation was generally de facto — patterns of housing segregation enforced by private covenants, bank lending practices, and job discrimination, including discriminatory labor union practices.
I regard white arrested under these Jim Crow laws as simply collateral damage. They weren’t the intended victims but suffered the consequences to albeit at a lesser degree. There is no doubt the marijuana laws were born of racism by a all white 1937 Congress, and our all white 2015 NJ Supreme Court just decided to keep it intact.
Imagine if the US Supreme Court refused to hear, Plessey vs. Ferguson which mandated separate but equal or Brown vs. Board of Education which mandated equal, dropping the separate. America would be a totally different country – some still openly wish for that all white America. I’d go as far to say the Caucasians on the NJ Supreme Court would be fine with it as well.
FACT: Harry Anslinger, the first commissioner of the Federal Bureau of Narcotics, the predecessor to the modern Drug Enforcement Administration, Anslinger institutionalized his bizarre racist belief that marihuana’s "effect on the degenerate races" made its prohibition a top priority and he was the driving force in creating The Marihuana Taxation Act of 1937, which was the first federal ban on marijuana.
The MTA was openly created as racist law that targeted minorities’ specifically Blacks/Mexicans. It was as much a Jim Crow law as any other segregationist law created around that time. Its effectscontinues to this day.
Black musicians, and Mexican immigrants were its intended victims. Congress was told this substance “marihuana” was a new drug from Mexico that made Blacks seek relations with white women. Anslinger said, "There are 100,000 total marijuana smokers in the U.S., and most are Negroes, Hispanics, Filipinos and entertainers. Their Satanic music, jazz and swing result from marijuana use. Reefer makes darkies think they're as good as white men."
States throughout the south began implementing drug laws as part of the explicitly racist Jim Crow system, with southern lawmakers being quite open about the racist motivations behind the laws. Northern states like New Jersey stripped offensive racist language from their official legal statements, but their anti-drug policies were hardly less racist. Minorities in New Jersey are just as likely to be disproportionally arrested as they are in Alabama.
I’ve always known the marijuana laws were racist, I’ve always thought of the marijuana legalization as a civil rights issue but I’ve consistently heard... “Sure, this was more than 75 years ago”. To which I’ve always countered and how much has actually changed? Not at all! Recently even the N.A.A.C.P. has blithered about it…without actually doing anything.
Last week the New Jersey Supreme Court in New Jersey v. Forchion, 076425 (POINT IV) could have changed this, but the all-White Justices don’t think #blacklivesmatter. While marijuana is proven to be beneficial to humans and is one of the most therapeutic substances on the planet, the marijuana laws clearly ruin millions of lives, especially the Black lives the original laws were intended to target. Instead of even hearing the case, the NJ Supreme Court moved to protect the Garden State’s 2C:35 marijuana laws, which allow the state to legally enslave minorities and herd them into the new age concrete plantation system based on the lies of Harry J. Anslinger. The Court approves of these laws remaining intact—this oppression is just fine by them.
(BTW - 6 white politically connected individuals are allowed to posses, grow and sell marijuana MEDICALLY - while everyone else is arrested for it as a schedule 1 drug having no medial value - Court ignored this too)
750,000 people are arrested for marijuana each year, 24,ooo of those arrests were in New Jersey. In Washington D.C., Iowa, Minnesota and Illinois, blacks were 7.5 to 8.5 times more likely than whites to be arrested for possessing pot. In New Jersey its 3.8 according to the Aclu-NJ.
Most Jim Crow laws were overruled by the Civil Rights Act of 1964 and the Voting Rights Act of 1965, but the Controlled Substance Act of 1970 resurrected JIM CROW as a drug warrior and today he reeks havoc in black/brown communities. Millions have suffered at his KKK inspired hands disguised as law enforcement. It’s used as the main reason stop us.
In case you haven’t realized it yet, I’m Forchion in State Vs. Forchion.
In case you haven’t realized it yet, I’m the “Forchion” in State v. Forchion. I raised the issue of the constitutionality of the state’s racist marijuana laws by calling them “de jure and de facto discriminatory” at the trial level in 2011. Both de jure and de facto discriminatory laws are unconstitutional. At that time, this is what Burlington County Prosecutor Michael Luciano said about my challenge: “He has presented no evidence supporting these arguments, they are without weight or merit, and should be summarily rejected by the Court,” and Judge Dementia, being the good keeper of NJ’s Jim Crow marijuana laws, agreed and denied it.
Of course I appealed and miraculously in July of 2013 during the appeal process the ACLU-NJ released a report that supported my very arguments and proved them correct. John Vincent Saykanic, esq my appeals lawyer motioned the NJ Appeals Court to admit the entire ACLU report ( http://tinyurl.com/racistNJlaws) as evidence to support this racism constitutional challenge at the Appellate level and the Appeals court accepted it - and then totally ignore it in its August 2014 ruling of denial. So i appealed to the NJ Supreme Court.
This, in my opinion, is why the NJ Supreme Court has spinelessly declined to hear my case. BECAUSE I CAN PROVE I’M RIGHT—IT’S EASIER TO REFUSE TO HEAR MY ARGUMENT THAN IT IS TO DISPROVE IT. New Jersey’s marijuana laws are DE FACTO discriminatory and couldn’t stand up to my legal challenges with the ACLU’s report. I’m taking this argument to Federal Court now. Maybe the NAACP or ACLU-NJ will assist? Who knows – I’m a individual is I must go alone - I go.
While I’m personally disappointed and devastated by this decision because for close to 20 years I’ve endeavored to angle myself to get into the legal position I was in to argue this matter before a court of law, it was a tremendous loss for all minorities.
Unfortunately, White Supremacy still presides over the NJ Supreme Court.