Well, as in other areas, there will always be abusers. Drug testing welfare reicpients, for example, is a slap in the face to small government ideals and does absolutely nothing to deter abuse.
The truth is the abusers are the exception, not the norm.
Regulations and legalisation are not unlike a doorlock. It might keep out those who would steal given a free pass to do so, but anyone more determined will make short work of it.
You can't legislate against that kind of abuse, the abuse of a black and white law prohibiting this type of discrimination for example.
It's clear to me that you can't regulate someone out of being a racist prick, an addict, etc. They just keep coming up with a new way to do whatever the fuck they please.