Well, no, if they're required to harass the "consenters" equally to the "nonconsenters", then that (a) removes the motivation for users to fake consent just to get away from the harassment; and (b) motivates the site developer to choose an amount of popups that's actually appropriate for the UX they want, since that'll affect all users all the time.

If a site doesn't wants to cover itself all the time with a popup regarding cookies, then they're not allowed to cover itself all the time for users who never consent to tracking.