Says who? Are you claiming that the only difference between the two is their legal status?
I’m not claiming anything, and the word “claiming” is all yours. One hundred or so years ago pot and cocaine were legal and alcohol was illegal. The logic of those times (the logic that allowed it) wasn’t any worse than the logic of current times. That is, unless you are one of those “progressives”, who believe that we live in the best of all times and are smarter than all those who came before us.