No, best would be to leave it up to the individual.
EDIT: I'm not sure what you mean by that. Are you upset about SCOTUS citing common law tradition? Most of our law works that way, you have to build on something. Even "reason" needs axioms and you have to find a way to pick those.
EDIT2: There are a surprising number of people who want to decriminalize theft and even murder in some situations (look up "mutual combat" in Chicago.)
Wasn't there just a thread here a few days ago that had a bunch of people arguing that the decriminalization of shoplifting in San Francisco is a good thing?