Governments have a lot of laws that they don't enforce, or enforce only lightly. For example, weed is still illegal in Netherland, despite many decades of tolerating its use.
Yes, and they only drag those laws out when they need to take down an inconvenient person. That’s a bad thing.
It's illegal but you can't be prosecuted for usage or possession (unless you do it in a blowverbod area in front of a village cop that is having a bad day) -- the judge will ask why this person specifically is prosecuted if everybody around is smoking and will throw it away. It already happened in fact.