He's not making the constitutional arguement because it's kooky and not subscribed to by normal folks, some who may actually end up on his jury. Is there nothing you pro-druggies won't stop at to get your weird agenda in the headlines?
You reason and enumerate your constitutional position with the same rigor and deductive logic as Supreme Court Justice Sandra Day O'Conner. (Read her convoluted opinions dealing with affirmative action and campaign finance reform if your unsure of the meaning of my remark about her abilities as a Supreme Court Justice.)
You have learned well from her.