You raise an excellent point, but that behavior doesn’t make it right. There are plenty of things that are illegal that otherwise law abiding citizens do all the time. (Go ahead…Check your speedometer next time you’re on the interstate.) But society doesn’t say ‘oh well’ I guess we should legalize it. I keep saying on here, now comes the hard work that has to be done by the legislature, in crafting laws that reflect some of the nuances and circumstances you so well described.