I have what I think is a bulletproof defense against federal marijuana charges which I believe any judge or jury who gives two cents about the constitution of the United States would be forced to agree with. The eighteenth amendment was ratified in order to outlaw alcohol in the United States. If it could have been legally accomplished by Congress there would have been no amendment for this. The Twenty-First Amendment repealed this amendment, and expressly gave the power to regulate alcohol to the states. The drug war issue is philosophically IDENTICAL to the issues surrounding alcohol. Drugs and alcohol are no more dissimilar than newspapers are from books, radio, television, magazines, and the internet. There have been no subsequent constitutional amendments granting regulatory powers over mind-altering substances to any federal power. Therefore, any federal regulations of intoxicants which are effectively the same to said substances as the eighteenth amendment is to alcohol are null and void, and are SPECIFICALLY granted to the states by analogy. Blow a hole in this argument if you can. Any lawyers out there, tell me why it wouldn't hold up except by plain and simple treason against the United States by judges. I'm serious too, I want to see this argument shredded viciously. If you can't break this argument, I BEG you to use it in defense of a client, especially in a medical marijuana state. If you know a criminal defense lawyer, please bring this to their attention. Thank you.
JD1stTimer Reviewed by JD1stTimer on . Break this defense for me. I have what I think is a bulletproof defense against federal marijuana charges which I believe any judge or jury who gives two cents about the constitution of the United States would be forced to agree with. The eighteenth amendment was ratified in order to outlaw alcohol in the United States. If it could have been legally accomplished by Congress there would have been no amendment for this. The Twenty-First Amendment repealed this amendment, and expressly gave the power to regulate alcohol Rating: 5