In order to make this argument coherent, you'd need to oppose as well a whole lot of additional commercial regulation, such as the kind forbidding the sale of food unfit for human consumption, fake medicine, cars that explode in fender benders, &c. If the people through their government can elect to forbid the sale of products altogether, surely it's less a breach of liberty for them to elect instead to add a surcharge to account for the externalities of those goods.