A cannabis advocate known as "NJWeedman" did not have standing to challenge New Jersey's marijuana legalization law, and his claims that the state used it to create "corporate cartels" and exclude people of color from the industry were properly dismissed, according to a Monday opinion from the Third Circuit.
Edward Forchion, who legally changed his name to NJWeedman.com last year, failed to show any actual or imminent injury to himself caused by the Garden State's cannabis legalization law, according to the appellate panel's opinion. Weedman cannot argue the law would intensify law enforcement action against him for selling pot outside the state's system, the opinion states, because doing so is a crime with or without the law at issue.
"Although [Weedman] avers that New Jersey's marijuana regime violates federal law and will create a corporate cartel, those assertions do not show a particularized injury that affects Forchion 'in a personal and individual way,'" the panel writes.
In a Monday call with Law360, Weedman said it was "cowardly" of Gov. Phil Murphy to attack the standing of his case rather than the merits. As Weedman sees it, the referendum that amended the state's constitution was deceptively worded and he should be able to challenge it as an affected citizen.
"This seems weird that a citizen can't challenge a law as being unconstitutional or inherently unfair or written wrong or deceptive," Weedman said. "Why can't a citizen complain about that?"