The argument isnt "bitcoins lack value so I get to go now", the argument is "These laws fail to appropriately incorporate digital beanie babies as a reality so you must acquit."
I'm not taking that position, but if you think there isnt a jury willing to buy that, ask Robert Durst.
Really, its not as out there as it may look, pachinko parlors have been relying on the same basic loophole for ages.