The Constitution forbids Congress from passing an ex post facto law, essentially making a formerly legal act illegal, and then charging a person for the illegal act that was committed before the new law was passed.
However, SCOTUS can, at some point in the future, interpret a law that makes a previously illegal act legal, and thereby create an ex post facto legality?
-PJ
In which case the act never was illegal. They didn't make it legal, it always was.