The issue at hand isn't drug legality, it's delayed exercise of rights. There are other enumerated & implied rights which are equally trampled on by undue delays: right to assembly & free speech, delayed by requiring slowly-approved public assembly permits; right to keep & bear arms, delayed by long background checks & permit/license approvals (days or months when such information could be processed in seconds); right to speedy trial, often delayed for years; etc.

I agree the entire argument is a farce. Only antibiotics should be regulated.