"In Oregon's case, it's not a matter of leaving something untouched by law. It's a case of actually CODIFYING and REGULATING the killing of innocent people."
So by the process of regulating but not banning of lets say again, tobacco use and people eventually die because of this; a state would be an accessory to "killing innocent people"? Even though all of the people consuming the products will be doing so of their own free will?
Apples and oranges. Try another fruit.