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NEW JERSEY - An appellate court Friday upheld the Superior Court of New Jersey's decision not to charge Robert Edward "Weedman" Forchion with refusing to comply with an order to supply DNA samples to police.
Forchion, a frequent candidate for office, a Rastafarian by faith and a pro-legalization marijuana activist,said he was elated when he got the news Saturday.
"I am happy. Now I don't have to supply a DNA sample," Forchion said.
In 1997 Forchion was convicted on possession of more than 40 pounds of pot. He believes that smoking marijuana is a sacrament.
He served 17 months of a 10-year prison sentence and was released in April 2002. He was thrown back in jail four months later after he produced a pro-marijuana commercial but was released because a judge determined the commercial was protected by his right of free speech.
After his release he was notified that he, as a convict, had to supply authorities with a DNA sample, Forchion said yesterday.
The state, effective Sept. 22, 2003, required that everyone who has served a sentence or other supervision as a result of a crime supply DNA samples.
The appellate court agreed with Forchion's argument that he didn't violate the Sept. 22, 2003 order by Judge Shirley A. Tolentino because he wasn't ordered to appear at a certain time or place, according to the April 8, 2004 decision.
The judge's order "...stated you will be notified at a later date as to a time and place where this sample will be taken," according to the decision.
A separate memorandum dated Nov. 25, 2003 actually gave the notice for Forchion to appear on Dec. 2, 2003 at the Camden County Hall of Justice.
"The defendant did not violate that order. ...Under these unique and extraordinary circumstances, we must conclude that there was no clear judicial order (Forchion) disobeyed and ...the indictment was appropriately dismissed," the decision said.
Forchion refused to give a DNA sample and filed a suit in federal court saying the requirement was unconstitutional.
"I learned that 2,000 other citizens have refused to comply with the law," Forchion said.
"My DNA is safe from the government for now."
https://www.zwire.com/site/news.cfm?newsid=14321461&BRD=1697&PAG=461&dept_id=44551&rfi=6
Forchion, a frequent candidate for office, a Rastafarian by faith and a pro-legalization marijuana activist,said he was elated when he got the news Saturday.
"I am happy. Now I don't have to supply a DNA sample," Forchion said.
In 1997 Forchion was convicted on possession of more than 40 pounds of pot. He believes that smoking marijuana is a sacrament.
He served 17 months of a 10-year prison sentence and was released in April 2002. He was thrown back in jail four months later after he produced a pro-marijuana commercial but was released because a judge determined the commercial was protected by his right of free speech.
After his release he was notified that he, as a convict, had to supply authorities with a DNA sample, Forchion said yesterday.
The state, effective Sept. 22, 2003, required that everyone who has served a sentence or other supervision as a result of a crime supply DNA samples.
The appellate court agreed with Forchion's argument that he didn't violate the Sept. 22, 2003 order by Judge Shirley A. Tolentino because he wasn't ordered to appear at a certain time or place, according to the April 8, 2004 decision.
The judge's order "...stated you will be notified at a later date as to a time and place where this sample will be taken," according to the decision.
A separate memorandum dated Nov. 25, 2003 actually gave the notice for Forchion to appear on Dec. 2, 2003 at the Camden County Hall of Justice.
"The defendant did not violate that order. ...Under these unique and extraordinary circumstances, we must conclude that there was no clear judicial order (Forchion) disobeyed and ...the indictment was appropriately dismissed," the decision said.
Forchion refused to give a DNA sample and filed a suit in federal court saying the requirement was unconstitutional.
"I learned that 2,000 other citizens have refused to comply with the law," Forchion said.
"My DNA is safe from the government for now."
https://www.zwire.com/site/news.cfm?newsid=14321461&BRD=1697&PAG=461&dept_id=44551&rfi=6
