# In re Forchion > California Court of Appeal · August 31, 2011 · 198 Cal. App. 4th 1284 URL: https://www.frixlaw.com/law-library/cases/5665988 ## Case - **Full name:** In re ROBERT EDWARD FORCHION, JR., for Change of Name - **Court:** California Court of Appeal - **Decided:** August 31, 2011 - **Citations:** 198 Cal. App. 4th 1284; 130 Cal. Rptr. 3d 690; 2011 Cal. App. LEXIS 1144 - **Precedential status:** Published - **Opinion:** Opinion of the court by Mallano - **Judges:** Mallano - **Cited by:** 7 later opinions in the Frix Law Library ## Citator (automated) - No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases. - Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5665988 ## Opinion text Opinion MALLANO, P. J. This appeal presents the question of whether an individual may statutorily change his name to the name of his Web site, including the “.com.” (See Code Civ. Proc., §§ 1275-1279.6.) The answer is no. Petitioner, Robert Edward Forchion, Jr. (Forchion), is a resident of New Jersey. Since 2009, he has managed a Rastafarian temple in Los Angeles and has operated a medical marijuana dispensary that he claims is lawful under the Compassionate Use Act of 1996 (Health & Saf. Code, § 11362.5). He has devoted his adult life to promoting the legalization of marijuana and, in 2000, was convicted in New Jersey of marijuana offenses. Forchion is currently facing trial in New Jersey on marijuana charges arising out of an arrest on April 1, 2010. He is free on bail. Forchion has a national reputation as a marijuana advocate and is popularly known as NJweedman. He operates a Web site, “NJweedman.com,” which discusses his efforts to legalize the drug. In 2001, Forchion unsuccessfully petitioned the New Jersey state courts to change his name to “NJWeedman.com.” *1287 In April 2010, Forchion petitioned the court below to change his name to “NJweedman.com.” The trial court denied the petition. Forchion appealed. We affirm. A statutory name change to NJweedman.com would last indefinitely. But Forchion might lose the use of his Web site by failing to make periodic registration payments or by breaching the registration agreement. In that event, the Web site name (NJweedman.com) could be registered to someone else and, at the same time, Forchion could keep his new personal name (NJweedman.com). If both parties used that name to conduct business, confusion might result. Further, even if Forchion were allowed to adopt NJweedman.com as his personal name, and he properly maintained it as the name of his Web site, the name might be so similar to another Web site name or trademark that the multiple usage would create confusion. Alternatively, the name change would associate Forchion’s new personal name with the Web site’s advice that individuals violate the law in several respects. A name change should not have that consequence. And, given Forchion’s strong ties to New Jersey and his failed attempt in 2001 to obtain the same name change there, we conclude that, as a matter of comity, California should not grant Forchion the relief his home state has already considered and denied. I BACKGROUND The allegations and facts in this appeal are taken from the name change petition and the content of NJweedman.com (the Web site or the site). In that regard, we notified Forchion of our intention to take judicial notice of the content of his Web site and any other Web site to which it provides a link. (See Evid. Code, § 452, subd. (h).) He did not object, but expressed certain concerns, which we have taken into account. (See id., §§ 455, 459.) 1 A. Biographical Information “Robert Edward Forchion (bom July 23, 1964) ... is a cannabis activist and a perennial candidate for various New Jersey elected offices. Forchion identifies himself as a member of the Legalize Marijuana Party and campaigns primarily on the single issue of cannabis legalization. Forchion has *1288 done various stunts to bring attention to cannabis legalization, including smoking cannabis in front of the Liberty Bell in Philadelphia .... “Forchion is a resident of Browns Mills, New Jersey, a section of Pemberton Township, New Jersey. [][]... [][] “At the age of 15, Forchion smoked his first marijuana cigarette and was ‘immediately impressed by its medical healing powers, in regard to his asthma.’ By age 18 he was a regular user of marijuana, and he dismissed the Surgeon General’s claims of its harms as ‘propaganda and Christian superstitions’. “In 1982 upon graduation from Edgewood Regional High School in Ateo, New Jersey, he enlisted in the New Jersey National Guard and enrolled at Claflin College, Orangeburg, South Carolina. In 1986 he received an honorable discharge from the [New Jersey] National Guard and enlisted in the United States Marine Corps . . . [;] he had an asthma attack and was medically discharged. After being discharged from the Marine Corps, he changed his name to Edward and enlisted in the United States Army. While in the army he used cannabis despite the warnings from the government, to control his asthma. . . . [I]n 1990 he receive[d] an honorable discharge from the army. He became a coast-to-coast trucker using his own truck he purchased in 1994. “In 1995 Forchion became a practicing Rastafarian.' “He proudly admits he was a ‘marijuana smuggler’, driving hundreds of pounds of cannabis from Arizona border towns to east coast cities such as Cleveland, Ohio, Philadelphia, New York City and Camden, New Jersey. His Mexican/Cuban suppliers in Arizona were the first to dub him The New Jersey Weedman, because while other drugs were available for transport he only wanted to transport cannabis. “On November 24, 1997 he was arrested by the Camden County Drug Task Force and members of the local [drug enforcement agency]—On December 1, 2000 after a very public trial, Forchion accepted a plea deal and was convicted and sentenced to 10 years .... He was released after 17 months on April 3, 2002 into the state’s ISP . . . (Intensive Supervision Program)----[][]... H] y “Forchion constantly had run-ins with New Jersey state authorities for what he described as exercising his free speech and what authorities described as advocating criminal activity. *1289 “In 2008 Forchion fled to California seeking asylum, leaving the garden state for the pot friendly environs of Los Angeles. Forchion claimed he was living in political exile, having fled the official persecution of [New Jersey] State authorities for his political views on marijuana legalization. “In 2009 he opened a Rastafarian Temple on Hollywood Blvd., named the Liberty Bell Temple H, after a series of protests] he held at the Liberty [B]ell in Philadelphia. At the Liberty Bell Temple he provided marijuana to hundreds of sick people every week, doing what he preached about in New Jersey. Being in Hollywood he quickly became a ‘[H] oily wood [persona]’, providing marijuana to patients and celebrities alike. [Forchion] opened a party promotions company called NJweedmanPromotions. He stopped calling himself a ‘marijuana activist’ and instead insisted] he was now a ‘marijuana capitalist’. He started hosting huge marijuana mansion parties in the Hollywood Hills where he openly provided marijuana to all the guests. “He appeared in several documentaries, TV shows and music videos. “In 2010 Forchion became [an] author, of his own biography titled[, Public Enemy #420,] NJweedman Super-hero[] of the Potheadsf,] . . . first published on Jan[.] 18th, 2010[,] ironically the same day New Jersey legalized marijuana for medical purposes making Forchion feel vindicated for his decade of activism.” 2 At his Web site, an entire page is devoted to selling the book. 3 In addition, a small ad prefaced with, “Buy the book,” appears on several pages of the site. 4 A viewer can purchase the book through an online process, which begins with a “click” on the ad. “In 1998 as a way of supporting his planned jury nullification defense to the charges he was facing[,] he announced the formation of the Legalize Marijuana Party and his intention to run for a seat on the Camden County Freeholders board and the first district congressional seat. He now claims this was a successful tactic and has since continued to run for offices as a protest to the cannabis laws. Forchion . . . has a history of running for various state and federal offices as an independent candidate. Forchion has never been successful in any of his attempts for public office, which he acknowledges *1290 isn’t even his goal.” 5 In 2005, he ran for Governor of New Jersey; in 2006, he ran for the United States Senate from New Jersey; and, in 2008, he announced he would run for a congressional seat but did not obtain enough signatures to qualify. 6 As reported in an interview during the 1998 campaign: “ ‘My daughters learn in school that marijuana is a dangerous drug,’ [said] Forchion, who doesn’t smoke tobacco, drink or do other drugs. ‘But they’ve seen me smoke marijuana all their lives and they know it’s not true. What happens when the school tells them heroin is a dangerous drug? Do they figure that’s not true, either?’ ” 7 “Forchion has a history that spans decades in his quest for his right to smoke marijuana legally. A cult figure in the marijuana legalization community, he achieved media notoriety when he was arrested for smoking marijuana in front of the entire New Jersey State Assembly in 2000, and garnered a national platform when he fired it up at [the] Liberty Bell in Philadelphia, PA during the [2000] Republican National Convention.” 8 “[As of June 9, 2011,] Forchion ... is throwing his hat into the political ring again. “The longtime marijuana activist has filed to run as an independent candidate [in New Jersey] for one of the 8th Legislative District’s two state Assembly seats. He is one of 11 independents who have filed to run for state, county or local offices in the November [2012] general election, [f] . . . [][] “Although Forchion submitted a petition with the required 100-plus signatures, his spot on the general election ballot is no sure thing given questions about his residency. “Forchion acknowledges that he has lived and worked in California since 2008. He runs the Liberty Bell Temple on Hollywood Boulevard in Los Angeles, a state-registered medical marijuana clinic where he legally sells pot and claims to run the only Rastafarian ministry in the city. “In a statement accompanying his nomination petition, Forchion said that he considers himself a political exile because of his outspoken beliefs about *1291 marijuana, but that he frequently returns to New Jersey to visit family and friends and continues to consider Pemberton Township his legal residence. “ ‘Never have I renounced my citizenship to the state of New Jersey,’ he said. T am NJWeedman, not the California Weedman or the Los Angeles Weedman—the New Jersey Weedman.’ ” 9 In an “affidavit” accompanying his nomination petition, Forchion stated: “I have always declared my official resident state as New Jersey. [ (as of Aug. 31, 2011) (some capitalization omitted). All Web site information was verified on August 31, 2011. For brevity, we have not repeated that date in subsequent citations. See . See, e.g., ; ; . NJweedman, About “NJweedman” (some capitalization omitted). Ibid. Laymon, A Candidate Inhales, Philadelphia Daily News (July 2, 1998) (italics omitted). NJweedman, Press Releases, June 2010—NJWeedman runs for Congress . NJweedman, News, Marijuana activist leads a field of 11 independent candidates . Ibid. (Capitalization omitted.) Liberty Bell Temple II, Home page (some capitalization omitted). Liberty Bell Temple II, History of LBT (some capitalization omitted). Liberty Bell Temple n, Mission Statement (some capitalization omitted). Liberty Bell Temple II, Religious Use of Ganja . The video of the tour may be accessed through the “Virtual Tour” link on the left side of the temple home page (Liberty Bell Temple II, Home page ) or directly at . Liberty Bell Temple II, Medicine Menu . Liberty Bell Temple II, Menu . NJweedman, Press Releases, July 2010—NJweedman’s Liberty Bell Temple Raided by LAPD . The complaint may be found at . See NJweedman, Press Releases, August 2010—NJweedman’s Liberty Bell Temple files One Million Dollar Lawsuit against City of Los Angeles . Ibid. Press release, Office of the Los Angeles City Attorney (Aug. 11, 2010) . Liberty Bell Temple n, Home page . The creed may be found directly at . (some capitalization omitted). Ibid, (some capitalization omitted). Ibid. Liberty Bell Temple II v. City of Los Angeles, supra, No. BC442491, complaint, page 3, paragraph 13 . Id. at page 2, paragraph 3; see id. at page 6, paragraph 27, citing Religious Freedom Restoration Act of 1993 (42 U.S.C. § 2000bb et seq.) and California due process clause (Cal. Const., art. I, § 7, subd. (a)). See NJweedman, News, “NJ Weedman” has high hopes after pot bust ; NJweedman, Press Releases, April 2010— NJWeedman arrested on April Fools Day . See Sensible and Humane, N.Y. Times (July 27, 2011) ; Wolski, Update on Medicinal Marijuana Program, Coalition for Medical Marijuana—New Jersey (Apr. 8, 2011) . NJweedman, News, NJweedman Pleads Not Guilty . See NJweedman, News, Judge rules traffic stop on NJWeedman was legal ; NJweedman, News, Prosecution Procrastination Delays NJweedman Trial . Brief and Appendix in Support of Pretrial Motions on Behalf of Defendant Edward R. Forchion ; see also Camilli, NJWeedman seeks to have drug charges dropped, Burlington County Times (July 25, 2011) . See NJweedman, News, NJWeedman can represent himself in court ; NJweedman, Press Releases, April 2010—NJWeedman arrested on April Fools Day . NJweedman, Press Releases, 4/20/2010 Press Release . NJweedman, Videos, Message to My Jurors . Ibid. Ibid. . News . Jury Nullification and the Rule of Law . See Fully Informed Jury Association, American Jury Institute . NJweedman, NJweedman’s—Homedepot Grow ; also found at . Liberty Bell Temple n, Home page . In the Matter of the Application of Robert Edward Forchion, Jr. to Assume the Name of NJweedman.com (N.J.Super.Ct.App.Div., Feb. 24, 2004, No. A-3658-01T3) (nonpub. opn.) (some capitalization omitted). Ibid. In the Matter of the Application of Robert Edward Forchion, Jr. to Assume the Name of NJweedman.com (N.J.Super.Ct.App.Div., May 4, 2004, No. A-3658-01T3) (nonpub. opn.) (citations omitted). Ibid. To obtain information on NJweedman.com or any domain name, type the name into “Whols Lookup” at Tucows’s Web site (). Tucows Domains, What happens to domain names when they expire? . See, e.g., WebFaction, Tucows Registration agreement ; Webzpro, Domain Registrant Agreement ; see, e.g., WebFaction, Tucows Registration agreement, section 2 ; eNom, Registration Agreement, section 4.b.ii . See ICANN, Registrar Accreditation Agreement, section 3.7.5.3 ; WebFaction, Tucows Registration agreement, section 16 . . Ibid. --- Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5665988. Public record. Not legal advice.