The decision came after Forchion was nearly held in contempt of court in the morning as he delivered his closing argument.
Stay tuned for details of Thursday afternoon’s verdict.
Forchion, formerly of Pemberton Township, tried to introduce his jury nullification argument into the closing, but was quickly stopped by Superior Court Judge Charles Delehey, who had barred any discussion of it.
Forchion began verbally sparring with Delehey, who then ordered the jury out of the room and told the defendant he would be held in contempt if he continued to ignore the court’s orders.
“If you want to make a martyr of yourself, the court will deal with you,” the judge said. “You’ve done everything you can to disrupt this trial.”
Jury nullification would allow the jurors to disregard the law they were ordered to follow in considering the case and acquit a defendant, no matter what the evidence, in effect nullifying or invalidating the law.
Forchion, wearing a “Marijuana … It’s OK. It’s Just Illegal” T-shirt, refused to talk to his court-appointed attorney during the brief recess, but when Delehey and the jury returned, he toed the line and abandoned his blatant jury nullification pitch.
Instead, the legalization activist focused the jury on his plight as a licensed medical marijuana patient in California who brought a pound of pot to New Jersey in April 2010 for his own use.
“I don’t use it the way the state says. To me, it’s medicine, it’s food,” Forchion said, noting for the jury that he had been eating pot-laced cookies throughout the trial. “I feel I’m the victim of a flawed law.”
The state alleged that because of the sheer volume of the marijuana, his intent was to distribute it. Burlington County Assistant Prosecutor Michael Luciano told the jury that the case was not “a political referendum” on medical marijuana or legalization.
“It is not a litmus test on the war on drugs,” he said.
Luciano also said the numbers and common sense should lead to a guilty verdict, noting that Forchion had enough pot on him when he was stopped by police in Mount Holly on April 1, 2010, to smoke for months.
By Luciano’s calculations, Forchion would have to smoke two to three joints an hour nonstop for 24 hours to get through the pound of marijuana in about six months. NJWeedman disputed the prosecutor’s math and said it doesn’t fairly portray how he uses the drug.
“He had more than any person could smoke on their own,” Luciano said, reminding the jurors that they didn’t have to find he was selling it to convict him and that sharing also constitutes distribution. “He was going to distribute this for profit. He was going to distribute it because that’s what he believes, that’s his drug, that’s his food and that’s his plant.”