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You're mixing up "what is" with "what should be".
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People are still selling fentanyl without a prescription. Is that legal?

Courts move slow, especially when the party being targeted has a lot of money. Them allowing Kalshi to operate isn't an endorsement, it just means they don't see what Kalshi is doing as a significant harm. The injunction to stop them from operating in Utah is still winding it's way through appeals.

Whether or not what they are doing is legal is not determined until they either settle, Utah drops the case, or the trail and appeals process determines that they are not guilty.

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> People are still selling fentanyl without a prescription. Is that legal?

Obviously not. You know how you can tell? Police will stop you from doing it.

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> Police will stop you from doing it.

"Kalshi and its co-founders face felony charges" would seem to describe that process, yes? The same first step a fentanyl dealer would encounter?

Swap out "selling fentanyl" for widely tolerated but often still illegal jaywalking if you like.

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"The state did not issue arrest warrants for Monsour and Lopes Lara. Instead, they have been issued summons to respond to the charges in Third District Court in Salt Lake County"

I don't think your fentanyl dealer will receive the same treatment. They aren't even taking away the "drugs" from Kalshi.

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Summons to appear for a drug offense is very common here in my state, yes.
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> You know how you can tell? Police will stop you from doing it.

Police will stop you from recording them, is that illegal?

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No, and in fact this is a pretty good way of getting a big settlement check out of the district if you're willing to suffer the hassle of an (illegal) arrest.
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Which means it's not a good or obvious way to tell if something is illegal or not.

Cops don't show up for civil offenses and most criminal offenses (particularly white collar offenses). Cops are also notoriously bad at understanding the law. Funnily, an illegal arrest is a good example of where the cops don't show up to arrest someone for breaking the law.

You are using faulty logic to determine what is and isn't legal.

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