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Cannabis Campaigners' Guide News Database result:
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US NJ: Judge Grants NJWEEDMAN Injunction
ccguide Monday 27 Jan 2003 Pubdate: Sat, 25 Jan 2003 Source: Trentonian, The (NJ) Copyright: 2003 The Trentonian Contact: Website: http://www.trentonian.com Details: http://www.mapinc.org/media/1006 Author: Jeff Edelsttein, Staff Writer See: the 'Weedman' TV ads at http://www.crrh.org/hemptv/misc_weedman.html Cited: NJweedman http://www.njweedman.com/ Bookmark: http://www.mapinc.org/people/Forchion (Ed Forchion) JUDGE GRANTS NJWEEDMAN INJUNCTION The NJWEEDMAN, Ed Forchion, won a major battle yesterday in his ongoing legal volley with the State of New Jersey. United States District Court Judge Joseph E. Irenas granted Forchion a preliminary injunction, thereby freeing him from the Bsourceington County Jail, where he has been since late summer. As of press time last night, Forchion had yet to be released, but his lawyer, John Vincent Saykanic, said his release is imminent. "Mr. Forchion is a freedom fighter," said Saykanic, "and this opinion is a victory not only for Mr. Forchion, but for the First Amendment." Forchion was arrested Aug. 18 after filming three commercials that the state claims advocated the use of marijuana. The commercials, as seen by The Trentonian, dealt with First Amendment issues and the war on drugs, and did not explicitly advocate the use of marijuana. But that's what members of the Intensive Supervisory Program (ISP) said he did. ISP is a heightened state of parole Forchion was put into it after 17 months in prison for transporting 25 pounds of pot into the state. As part of Forchion's deal, ISP allegedly forbade him from advocating the use of marijuana, though Forchion claims no paperwork on such a restriction exists. Tom Bartlett, the South Jersey head of the ISP, said it would be "inappropriate" to discuss any matter regarding Forchion when asked the details of Forchion's ISP deal last September. Forchion subsequently sought relief from the federal courts, claiming the State of New Jersey violated his First Amendment rights. Irenas agreed, and ordered Forchion back into the program yesterday. "It is in the public interest to have Mr. Forchion returned to the Intensive Supervisory Program," Irenas wrote in one part of the 18-page decision. While Forchion can claim victory today, his legal woes are still far from over. Next week, a continuation of Forchion's battle with the ISP continues, as he is in the middle of a fight to be let back into the program. Saykanic said the federal judge's ruling may or may not have an effect in Forchion's upcoming state hearing. "It could certainly change things," Saykanic said. "It could change how they rule." - --- MAP posted-by: Keith Brilhart
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