Ultimately that's how pundits can laugh about the issue. They don't want it to be legalized, but they don't ever have to think about what it means that it's illegal. I'm not entirely averse to the idea that sometimes Official State Disapproval is appropriate for such things, but only if that disapproval comes with minimal consequences. I mean, fine, write a $50 ticket for pot possession or whatever if you want to have Official State Disapproval, but that's different than locking people up for years.
Wealthy pundits think pot being "illegal" is good because maybe pot is bad and they'll never have to even worry their beautiful minds about what it being illegal actually means.