spath - // Because one is currently illegal in society and the other is not illegal. (currently) //
By that logic then, the moment you break the law - any law, you become an 'oik'.
Drive at thirty-one miles an hour, miscalculate your alcohol intake before you drive, walk your dog off the lead in a park, hoot your horn after eleven at night, fail to declare every last penny of tax you owe, the list goes on.
Smoking a joint does not make you an 'oik' - I can't recall seeing any smokers looking for fights with complete strangers in the street, unlike their lager drinking counterparts.