Here's the other important thing: if you want to allow private use and criminalize public abuse, fine. Do that. But don't stop enforcing the law, lest you set (or strengthen) the precedent that the law is bent for political expediency. Change the law, don't just "stop enforcing it". Besides, if the goal is to provide lasting change, it makes more sense: a different enforcer could make a different decision. It's a little more difficult to rebuild support for legislative action (to, say, re-criminalize something) than for an administrator to do it.