[supercat]

Now, if you're advocating that a person who possesses some pot be allowed to argue that he had no intent on crossing state lines, then why can't I argue my DWI? Why can't I prove that I am capable of driving safely at .08?

You should be able to argue it. As to whether a jury accepts your arguments as to why you should not be prosecuted, that would be up to them.

[robertpaulsen]

Should the DWI laws be changed such that I can argue I am not drunk at .08? That's the issue.

That's your point about the drug laws, isn't it? That right now the drug laws assume possession affects interstate commerce just as the DWI laws assume I'm drunk at .08.

Hard to argue for changing one set of laws without changing others.