I think it comes down to popular vote versus government policy. While things like speeding and marijuana are illegal, popular votes have made these things lega

I think it comes down to popular vote versus government policy. While things like speeding and marijuana are illegal, popular votes have made these things legal (or quasi legal) in their respective jurisdictions. For example, votes to remove speed cameras or make them illegal, or votes to decriminalize marijuana. But you are correct in that we really should make it completely legal so that the government doesn't have an excuse to target individuals for engaging in a practice that is generally widely accepted.