Well, gay sex isn't illegal (and has never been illegal at the federal level).

But in any case I'm not offering my legal opinion, I'm offering my ethical one of how I think the law ought to be.

IANAL, so I have no idea whether the government's case in this instance is likely to succeed or whether this application of the relevant statute(s) would withstand a court challenge.

But, if I were America's benevolent-dictator-for-life, I would hold a business and any responsible employees legally responsible for its customers' illegal uses of their product, in the case it is intentionally and recklessly marketed to persons whose interest in the product, any reasonable observer would assume, is likely to be for said illegal use.

And, neither here nor there, but I'd legalize less-harmful drugs (pretty much all except opiates and maybe cocaine/crack), treat addiction as a medical rather than criminal issue, and keep all consensual relations between adults legal.