If it's unlicensed use then why blame the hams? Restrict sales of radios to only licensed hams. There is a precedent here.
CB'ers used to buy ham radio amplifiers and use them illegally. The ham band of 10 meters was close enough to the CB 11 meter band it could be done with little change.
So manufacturers at the behest of the FCC started removing 10 meters from linear amplifiers. If you showed proof of licensing you could get a plugin to add back the 10 meter band.