How is THC being 'legally' sold even in states where it is illegal? Government in the US has proven too inefficient to handle the speed of marketplace innovation. You can't outlaw ingenuity.
A much more fair comparison would be existing copyright law, which provides avenues for ownership without the ability to create new derivative works. It’s possible to expand these laws.
Certain refrigerants and aerosols were very popular. Then we found they were blowing a hole in the ozone layer, so they were regulated. Popular things are sometimes regulated.