Is the War on Drugs Unconstitutional?

[Pericles]

It absolutely is unconstitutional. Remember that we had to amend the constitution to federally ban alcohol? So why are drugs different? Well...in our court state on insanity the federal government could ban alcohol without a constitutional amendment. You see, the reason they needed a constitutional amendment the first time is because back then everyone knew the federal government had no jurisdiction over commerce unless it was interstate commerce. But thanks to a series of horrible SCOTUS rulings, the federal government sticks its nose everywhere it doesn't belong.

As to this actually helping your family member? Well...it won't. It would be like arguing "I shouldn't be charged with tax evasion because the income tax is unconstitutional." No judge will even allow it as a defense and it won't go anywhere on appeal. That said....nothing wrong with arguing it as an "educational experience" for the jury. (His attorney could include it in his closing arguments and possibly get away with it.) Also most drug cases are prosecuted in state court under state laws. If he's being prosecuted in state court for a drug law violation then there really isn't a plausible constitutional claim that I can see. While the federal government shouldn't be able to ban drugs, it's not like drug use is a fundamental right that states can't ban. Then...on the other hand...it makes more sense to say "I have a right to my own body so I should be able to smoke weed" than it does to say "I have a right to my own body so I should be able to murder my unborn child."

This. There is no grant of authority for the government to prohibit the possession of any type of property.

At most, one may be able to make a case about the ability to prohibit importation ...

Using the Constitution as a defense gets almost nowhere in court. At best a violation of a fundamental articulated right as a due process claim may get traction - but I can't be prosecuted because a law is unconstitutional seldom gets traction.

[Ronin Truth]

If the CONstitution has been suspended due to assorted 'National Emergencies' (so called), I really doubt that it's current status or validity is of any true relevance, at this point.