Superior Court Judge Charles Delehey had allowed the marijuana-legalization activist to return home for medical treatments for bone tumors and to transfer his probation there.
"The judge was upset he didn't report right away, and Forchion apologized," said Don Ackerman, his public defender. The judge then said he would allow Forchion to complete his medical treatments in California and then return to finish his sentence.
He had persuaded a jury to acquit him of more serious charges of drug distribution last year after testifying that he used marijuana to alleviate pain from the tumors. He is believed to be the only person in the state to base his criminal defense on the inconsistency of the criminal and medical-marijuana drug laws in New Jersey.
Forchion argued that he would have qualified for medical marijuana in New Jersey but was still prosecuted. He has a license to use medical marijuana in California, but New Jersey does not recognize it.
He could have received 10 years on the distribution charges and up to 18 months on his drug possession conviction. Instead, he ended up with jail for violating probation.
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