EDWARD FORCHION

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The420Guy

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Date: Fri, 1 Dec 2000 13:27:58 -0500
From: "Reverend SAM" <iamm@iamm.com>
To: "Justus Society GoodNews" <justus-society-news@iamm.com>
Cc: "Marijuanaparty@drugsense.org" <marijuanaparty@drugsense.org>
Subject: Marijuana Laws are Void for Vagueness...
Message-ID: <005f01c05bc4$72dd5780$1352d0d8@iamm>

EDWARD FORCHION
WWW.TLMP.ORG - 1020 HANOVER BLVD. - BROWNS MILLS , NJ , 08015 - U.S.A.
Email: mailto:njweedman@yahoo.com

December 1, 2000

Dear Brothers Walter & Michael & all Marijuana Brothers and Sisters,

Yes, I am still requesting to withdraw my plea.

This is one of the arguments I will be making to Judge Thompson in New
Jersey Court today. By the time you see this I'll probably have left for
court and probably "prison" for distributing Medicinal/Spiritual Marijuana.
Thanks for suggesting that I use the American doctrine of Void for Vagueness
in my defence, This would be the first time it has ever been used in
connection with a Marijuana defence, reasonable and probable grounds and
just cause.

December 1, 2000

Dear Judge Thompson,

Re: Doctrine of VOID FOR VAGUENESS
Complete arguments on-line @ Tlmp.org

I have no desire to accept a deal where I admit to violating a
unconstitutional law. The law 2(c)35-10(a) which I am charged with
violating, violates the American Doctrine of "VOID FOR VAGUENESS" which
requires legislatures to set reasonably clear and specific standards in
circumstances where the grant of an unfettered discretion would lead to
arbitrary, discriminatory or otherwise unconstitutional restrictions upon
guaranteed rights, or impose unnecessary inhibition upon the exercise of
constitutional rights. This law was signed on August 2nd 1997 your honour
and I was the first defendant charged with violating it, I have every right
to challenge it. This law directly infringes upon my constitutional rights,
to safety, freedom of religion, right to regulate my own body per the ninth
amendment. The state deliberately attempts to keep marijuana, from citizens
despite knowing that marijuana is a known medicine, sacrament and beneficial
substance.

The PUBLIC DEFENDER refuse's to assist me with this, despite being ordered
to assist me with my defense. This is a violation of my Right to assistance
of Counsel for his defense.

Your honour, this law was enacted out of the whims of politician's with no
scientific fact or reasonable logic. This law fails to allow for the
medicinal or religious use of the substance "marijuana" . For this the law
is to vague in it's arbitrary 100% restriction on the use of marijuana by
member's of some religion's. This 100% restriction violates the US and NJ
Constitution's in that it infringes upon the religious freedom rights
granted by both. Millions of people use marijuana for both medical and
religious reason's, 36 state's have recognized marijuana's medicinal value
including NJ ("Controlled Dangerous Substances Therapeutic Research Act.
"L.1981, c. 72, s. 1, eff. March 23, 1981.) . 8 state's have outright
legalized marijuana for medical use, yet this newly enacted law deliberately
fails to make provision's for the religious, and medical use.

(A) I the defendant, am a member of the RASTAFARIAN faith which use's the
substance marijuana for religious as well as medical use. - This fact has
been recognized by the US government in several case's, I have repeatedly
brought to the courts attention , yet the public defender refuse's to assist
me in changeling the state's contention that marijuana is a dangerous
schedule 1 drug. - (Including refusing to allow me to present expert witness
's who's expert testimony would support my contention that the substance
marijuana, in this new law is classified incorrectly. Scientific facts are
being totally ignored, this is a political law, that seems to usurp the
Constitution. US -vs- Bauer, 75 F. 3d. 1366 (9th CIRC. 1996) - The Court of
Appeals three judge panel was unanimous that the defendants should have been
allowed to present evidence of their religious use of marijuana at trial.
(EXPERT TESTIMONY) 54 FED. REG. 53767, 53774 (1989).

(B) If marijuana has no-medicinal value as the State of New Jersey All edge'
s why does the federal government distribute marijuana to individuals under
the 1978 Compassionate use Act.
Currently as I the defendant write this there are individuals who use
marijuana as a medicine and the use is condoned by state and federal
governments while individuals like myself who also use marijuana medicinally
are arrested, have our children taken and charged with conspiracy,
possession under so-called laws like this I'm charged under arbitrarily and
unreasonably refuse to acknowledge that marijuana has medicinal value. As
this new law I'm charged with violating does.

(C) - If Marijuana has no medicinal value why does the federal government
license corporation's to produce synthetic versions of marijuana which they
market as marinol, THC pills, etc., etc., synthetic Marijuana.

It is plainly obvious that marijuana has medicinal value, that the State of
New Jersey knows it, but for the unfettered, whims of politicians, and
other irrational, unreasonable political reasons the NJ state politicians
refuse's to amend current state law to reflect that the truth. This
political decision to not tell the truth about marijuana has effectively
placed me in the position I'm in now fighting for my life based on a NEW law
which is a outright obvious lie. The law say's marijuana is a schedule 1
drug having no medicinal value and the possession or use of it is 100%
illegal.- This is BULLSHIT! It's a lie, why should I be imprisoned for a
lie. I have a right to present the truth your honour but the state public
defender's Office refused to assist me in doing so.

NJ Constitution Article 1, (6)

Every person may freely speak, write and publish his sentiments on all
subjects, being responsible for the abuse of that right. No law shall be
passed to restrain or abridge the liberty of speech or of the press. In all
prosecutions or indictments for libel, the truth may be given in evidence to
the jury; and if it shall appear to the jury that the matter charged as
libelous is true, and was published with good motives and for justifiable
ends, the party shall be acquitted; and the jury shall have the right to
determine the law and the fact

(D) - Prosecution of a citizen for practicing and following his belief's are
a violation of the US and NJ constitution's.

A person who is attempting to acquire his religious sacrament should not be
prosecuted under the broad conspiracy laws. According to NJ Constitution
article 1(3): No person shall be deprived of the inestimable privilege of
worshipping "almighty God" in a manner agreeable to the dictate's of his own
conscience; - therefore a person such as the defendant who now stands
accused of conspiracy is in effect being prosecuted for allegedly attempting
to acquire a necessary sacrament in accordance with his belief's. Making his
religion a illegal religion here in the USA where traditionally government
prided itself on being a free country where religious freedom is a
guaranteed right.

BILL OF ATTAINER

In 1996 I happened upon a phrase in the Constitution, in Article 1, Section
9, Paragraph 3, which stated, "No Bill Of Attainder or Ex-post Facto Law,
shall be passed. ."A Bill of Attainder", is a legislative act which inflicts
punishment without judicial trial and includes any legislative act which
takes away the life, liberty or property of a particular named or easily
ascertainable person or group of persons because the legislature thinks them
guilty of conduct which deserves punishment."
On August 2, 1997 Gov. Christy T. Whitman signed into law a new crime bill
which made penalties for possession of marijuana a much stiffer charge. I
allege this act, this new law Gov. Whitman so proudly signed is a illegal
"Bill of Attainer". It contains no provision for individuals like myself
who use marijuana in the course of our religious needs.

On Nov. 24th, 1997 I was the first individual charged with possession of
marijuana under this New Law although I am a open follower of RASTAFARI.
This charge, this new law violates my right to "freely exercise my faith"
and makes me a criminal for the religion I have freely chosen. It make's me
and all members of the Rastafari faith illegal person's. It is a Bill of
Attainer .
RASTAFARI is a African based Religion, with strong roots to Jamaica. Some
700,000 Americans now practice RASTAFARI. Some 40 Million-world wide. It is
among the 1,558 religious groups sufficiently stable and distinctive to be
identified as one of the existing religions in this country. SEE:- US-vs-
Bauer, 75 F. 3d 1366 (9th Circ.-1996)
The Rastafarian religion teaches the truth about "Ganja", (marijuana) and
incorporates it's use with it's teachings. I have freely decided to follow
this religion and comply with it's teachings and practices. I use marijuana
on a daily basis, and have so for years, for my own medical & religious
needs as well as the safety factor. Marijuana is far safer than most
chemical drugs the government tries to force me to use, such as Zolloff,
Percocet, Paxil, and the numerous dangerous steroid based drugs forced into
me as a asthmatic kid. Marijuana has never killed any-one and has no known
lasting ill-effects, and it's side-effect's are generally pleasure-able to
the user. Yet the government call it dangerous, and illegal.
The very first amendment to the US Constitution, and the NJ Constitutions
give me the right to chose and follow any religion I wish. I have chosen
RASTAFARI.

US CONSTITUTION - First Amendment "Congress shall make no law respecting an
establishment of religion, or prohibiting the free exercise thereof."

NJ CONSTITUTION - Article I, (3) and (4).

(3) - No person shall be deprived of the inestimable privilege of
worshipping "Almighty God" in a manner agreeable to the dictates of his own
conscience.

(4) - There shall be no establishment of one religious sect in preference to
another;
The NJ Constitution also gives me the right to safety. In Article I
(Rights and Privilege's)
(1) All persons are by nature free and independent, and have certain natural
and unalienable rights, among which are those of enjoying and defending life
and liberty, of acquiring, possessing, and protecting property, and of
pursuing and obtaining safety and happiness.

I contend the original intent of the Bill of Attainder mandates were to
prevent laws that punish without trial, suspend civil liberties, and
confiscate property. It is certain that the original intention of the
Constitution was to protect people from the tyranny Americans had just
suffered from the British Empire. Today's asset forfeiture laws in
combination with our Drugs laws are almost the exact tyranny that Americans
fought against in the Revolutionary War, and almost all the other wars we
have fought. Our drug laws now have repealed Religious freedom. Religious
freedom was so important to the founding fathers that they specifically made
Religious Freedom the very first Right of the Bill of Rights, yet I find
myself facing 30 years in prison for the religion I have chosen. The
Burlington County Family court has taken one of my four children from me,
because I freely admit to using the herb marijuana. Which I, and members of
my faith consider as sacramental as Christians feel wine (grapes) is to
them. Without a Bill of Attainder defined in the law, the law can ignore
the rights Americans are supposed to have. That is what has happened to me.

Sincerely,
EDWARD FORCHION

Be well and prosper.
In peace, bless you, bless us all.
Reverend Brother Walter A. Tucker
Reverend Brother Michael J. Baldasaro
Church/University of the Universe
http://www.iamm.com