Forchion filed the petition - a writ of certiorari - in connection with his marijuana conviction in Burlington County.
TRENTON -- The U.S. Supreme Court has distributed Ed "NJ Weedman" Forchion's petition for a hearing to the high court's justices, who could decide this week whether or not to hear the case.
Forchion and his lawyer filed the petition - a writ of certiorari, or review of a lower court's decision - in March, in connection with his 2010 marijuana possession arrest and later conviction in Burlington County.
The filing makes 10 legal arguments, ranging from Forchion's belief that marijuana laws are discriminatory to African Americans, to marijuana as a religious sacrament for Rastafarians, as well as medical marijuana arguments.
The Supreme Court docket lists the case as being "distributed for conference" starting on Thursday, meaning the justice's are scheduled to discuss it an decide its merits.
"I hope, because of the time we live in, that they at least hear the case, which would be a victory," Forchion said Monday.
Forchion, free on bail from marijuana charges lodged against him in late April stemming from the raid of his restaurant and temple in Trenton, said he's only needs a few justices to side with him.
And he's banking on Justice Sonia Sotomayor to be one because she made favorable comments earlier this year about jury nullification, another point Forchion argues in the case.
Jury nullification is when a jury votes not guilty even though a defendant is guilty of a crime because they believe the law is unjust. Forchion wanted to be able to argue that in the Burlington case, but was prevented from doing so, his petition says.
"I just hope Sotomayor sees that and I'm just hoping another justice jumps on it," Forchion said.
"It's a long shot," Forchion's lawyer John Vincent Saykanic. "And like I've said in the past, long shots do come in."
The Supreme Court's media office says the court receives anywhere from 7,000 to 10,000 certiorari petitions for each term and hears just 80 to 100 of them.
The Burlington County Prosecutor's Office did not file a response to Forchion's Supreme Court petition, waiving their right to do so.
"We are confident that the Supreme Court will decide not to entertain Mr. Forchion's petition for review," Burlington County Prosecutor Robert Bernardi said Monday in a statement.
Forchion, 51, has two prior marijuana possession convictions in Camden and Burlington counties, both which he discussed often as they wound through the criminal justice system, and then through appeals.
In late April, after he posted bail on the new Mercer County charges, Forchion went live on Facebook, fired up a joint, and pledged a new legal battle to fight the Mercer case.
"I don't care what they do,'' he said of the authorities. "I'm going to keep going forward.''
A few days later, he went on a local radio station and personally challenged Mercer County Acting Prosecutor Angelo Onofri to personally handle the prosecution side of his case, while Forchion represents himself.
"I want you to do this... I want you to take this beating," he said in challenging Onofri.
Forchion is charged with 13 counts of marijuana possession and distribution, having a fortified premises, two counts of paraphernalia possession and maintaining a narcotics nuisance, prosecutors said.
The raid followed a two-month investigation in his restaurant, NJ Weedman's Joint, and the accompanying Liberty Bell Temple next door, which he has described as a cannabis church.
Kevin Shea may be reached at kshea@njadvancemedia.com. Follow him on Twitter@kevintshea. Find NJ.com on Facebook.