Comment Re:America is fucked ... (Score 1) 455
Why has no enterprising lawyer used this to have his client freed based on this?
Because a jury or lower court is very unlikely to accept their argument. At the level of the Supreme Court, the argument would be unlikely to fly either. Liberal justices are more likely to support less repressive drug policies, but hate the principle of limiting federal power. Conservative justices want to limit federal overreach, and give power back to the states, but are not going to do it through drug law reform or any other limits on moral authoritarianism.
Fixing drug prohibition is not going to happen through the courts or the politicians. It is going to happen bottom-up through the referendum process, as has already happened in Colorado and Washington.