It's probably because most users are uneducated imbeciles to start with. I've done it all my life. My university GPA was 3.7 (at 30 years old), I passed the PE exam the first time through, and I generally come out on top debaiting other people on whatever topic. Smoke-em if ya got-em, I say.

If the federal government though it had a chance in hell of regulating it successfully, I have no doubt it would be legal today.