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N.J. man sent to prison for growing 17 marijuana plants
A Mays Landing man was sentenced to eight years in prison on Friday for growing 17 marijuana plants in the Pinelands.
When Jon Peditto was arrested in 2012, he admitted the pot plants were his and told investigators he grew them primarily for his own use but had also occasionally sold the dried product to friends to help make ends meet.
He was charged with maintaining a drug production facility, two counts of possession of marijuana with intent to distribute and one count of possession of marijuana.
N.J. man who grew 17 pot plants convicted of drug manufacturing
Acceding to a request from defense attorneys, Judge James Blaney, in what became a highly contentious exchange between the two, agreed to handle Peditto's first-degree conviction as a second-degree offense "in the interest of justice."
He called Peditto's representation of himself at his trial "shortsighted" and said his effort in the fight to have marijuana legalized in New Jersey was "misguided.
Blaney blamed Peditto's "uncontrollable" behavior in the courtroom on his decades of smoking marijuana.
"Watching him and the way he conducted himself led me to believe that some of his cognitive brain functions appear to be affected by smoking marijuana since he was 15 years old," Blaney said. "His mental process, at times, seemed to be confused."
Blaney, who had calmly managed Peditto's outbursts during the trial, called him "outright arrogant and at most of the time simple-minded."
Like at his trial, Peditto at his sentencing used the proceeding to lecture Superior Court Judge James Blaney and the prosecutors about what he said are fallacies about marijuana and the laws banning it.
At one point, Blaney interrupted him and said, "Now you're going to tutor me about what we don't understand about the law?"
When Peditto later interrupted Blaney to say he started smoking at 19, the judge shot back, "Do you really think that's a good idea to correct me while I'm sentencing you?"
Peditto's attorney, Louis Esposito, said in a low voice to his client, "Would you be quiet?"
Esposito, who was hired after Peditto's conviction, said his client made poor decisions about his legal defense at trial because he came to court high every day.
"He was toked up during the whole trial," Esposito said.
But he also argued that despite being convicted of a first-degree offense, his client wasn't a violent criminal and that New Jersey's harsh drug laws weren't meant for people like Peditto.
Assistant Ocean County Prosecutor Michael Abatemarco said he didn't expect the judge to give Peditto the maximum sentence of 20 years in prison, but he did expect that Peditto would have to pay a penalty for breaking the law.
"As a prosecutor, my primary duty is to see that justice is done," Abatemarco said. "At the end of the day, I am bound as a prosecutor to enforce the laws of the state of New Jersey as they come to me."
Refusing to accept a plea deal, Peditto, a 54-year-old photographer, took his case to trial last year with the hope that he could convince a jury that he should be exonerated of all charges because like an increasing number of people in the state, he contends New Jersey's marijuana laws are antiquated and oppressive.
He was convicted of maintaining a drug manufacturing facility, the most serious charge against him, which carries a 20-year prison sentence penalty. The jury of one man and 11 women also convicted him of the drug possession charge but acquitted him of the two counts of possession with intent to distribute.
Peditto was arrested Aug. 7, 2012, when he encountered detectives in the woods of the Pine Barrens in Little Egg Harbor as he was going to check on the progress of his plants, which had grown to 7 feet high by that time.
Peditto will have to serve slightly more than two years in prison before becoming eligible for parole.
Peditto's case has attracted the attention of activists Edward "NJ Weedman" Forchion, who is pressing for the legalization of marijuana and recently announced another bid for a run at a Congressional seat currently held by Bonnie Watson Coleman in the 12th district.
His plight has also garnered the attention of jury nullification activist Jim Babb, who encourages jurors to vote "not guilty" on charges they feel are based on unjust laws.
Peditto has said he's smoked marijuana since he was 19 and that he's tried to cultivate a strain of plants that he would sell to dispensaries of medical marijuana in New Jersey.
In New Jersey, marijuana is classified in the top tier of dangerous drugs on the same level as heroin.
http://www.nj.com/ocean/index.ssf/2016/01/man_sent_to_prison_for_growing_17_marijuana_plants.html
A Mays Landing man was sentenced to eight years in prison on Friday for growing 17 marijuana plants in the Pinelands.
When Jon Peditto was arrested in 2012, he admitted the pot plants were his and told investigators he grew them primarily for his own use but had also occasionally sold the dried product to friends to help make ends meet.
He was charged with maintaining a drug production facility, two counts of possession of marijuana with intent to distribute and one count of possession of marijuana.
N.J. man who grew 17 pot plants convicted of drug manufacturing
Acceding to a request from defense attorneys, Judge James Blaney, in what became a highly contentious exchange between the two, agreed to handle Peditto's first-degree conviction as a second-degree offense "in the interest of justice."
He called Peditto's representation of himself at his trial "shortsighted" and said his effort in the fight to have marijuana legalized in New Jersey was "misguided.
Blaney blamed Peditto's "uncontrollable" behavior in the courtroom on his decades of smoking marijuana.
"Watching him and the way he conducted himself led me to believe that some of his cognitive brain functions appear to be affected by smoking marijuana since he was 15 years old," Blaney said. "His mental process, at times, seemed to be confused."
Blaney, who had calmly managed Peditto's outbursts during the trial, called him "outright arrogant and at most of the time simple-minded."
Like at his trial, Peditto at his sentencing used the proceeding to lecture Superior Court Judge James Blaney and the prosecutors about what he said are fallacies about marijuana and the laws banning it.
At one point, Blaney interrupted him and said, "Now you're going to tutor me about what we don't understand about the law?"
When Peditto later interrupted Blaney to say he started smoking at 19, the judge shot back, "Do you really think that's a good idea to correct me while I'm sentencing you?"
Peditto's attorney, Louis Esposito, said in a low voice to his client, "Would you be quiet?"
Esposito, who was hired after Peditto's conviction, said his client made poor decisions about his legal defense at trial because he came to court high every day.
"He was toked up during the whole trial," Esposito said.
But he also argued that despite being convicted of a first-degree offense, his client wasn't a violent criminal and that New Jersey's harsh drug laws weren't meant for people like Peditto.
Assistant Ocean County Prosecutor Michael Abatemarco said he didn't expect the judge to give Peditto the maximum sentence of 20 years in prison, but he did expect that Peditto would have to pay a penalty for breaking the law.
"As a prosecutor, my primary duty is to see that justice is done," Abatemarco said. "At the end of the day, I am bound as a prosecutor to enforce the laws of the state of New Jersey as they come to me."
Refusing to accept a plea deal, Peditto, a 54-year-old photographer, took his case to trial last year with the hope that he could convince a jury that he should be exonerated of all charges because like an increasing number of people in the state, he contends New Jersey's marijuana laws are antiquated and oppressive.
He was convicted of maintaining a drug manufacturing facility, the most serious charge against him, which carries a 20-year prison sentence penalty. The jury of one man and 11 women also convicted him of the drug possession charge but acquitted him of the two counts of possession with intent to distribute.
Peditto was arrested Aug. 7, 2012, when he encountered detectives in the woods of the Pine Barrens in Little Egg Harbor as he was going to check on the progress of his plants, which had grown to 7 feet high by that time.
Peditto will have to serve slightly more than two years in prison before becoming eligible for parole.
Peditto's case has attracted the attention of activists Edward "NJ Weedman" Forchion, who is pressing for the legalization of marijuana and recently announced another bid for a run at a Congressional seat currently held by Bonnie Watson Coleman in the 12th district.
His plight has also garnered the attention of jury nullification activist Jim Babb, who encourages jurors to vote "not guilty" on charges they feel are based on unjust laws.
Peditto has said he's smoked marijuana since he was 19 and that he's tried to cultivate a strain of plants that he would sell to dispensaries of medical marijuana in New Jersey.
In New Jersey, marijuana is classified in the top tier of dangerous drugs on the same level as heroin.
http://www.nj.com/ocean/index.ssf/2016/01/man_sent_to_prison_for_growing_17_marijuana_plants.html
Right? RIGHT???? %)
