Widespread consensus doesn't determine what is and isn't a crime. The law does. Until the federal law changes, marijuana sales are a federal crime. Technically speaking, no state can actually "legalize" it.

You’re absolutely right, of course.

Widespread consensus heavily influences prosecutorial discretion though, which determines in practice what is or isn’t permitted by society.

The law is not a computer program, and it is applied entirely arbitrarily.

> I don’t think there is as quite widespread consensus that all federal crimes are legitimately crime as you seem to think.

Your comment makes no sense at all. For something to be a crime it has to be explicitly defined in law. Consensus has zero to do with it. Either there is a law, or there isn't. The whole point of rule of law is that you don't get to pick and choose which law applies to you in a given day of the week.

> The whole point of rule of law is that you don't get to pick and choose which law applies to you in a given day of the week.

If the law is not enforced, then it does not exist. The only real law is the one that you see day-to-day. So shooting black people is fine (in the US), and you can buy weed in shops (in a few places).

There are many marijuana shops in the United States, and many millions of customers of those shops who disagree with you.

Also, Prohibition.

The law is not some inviolate thing in a society. Many millions will happily ignore unjust laws if they feel they shouldn’t be laws. More alcohol was consumed during Prohibition in the US than before it was banned.