It would however be common sense that the US gov. Wouldn't burn a TOR 0-day (or other means of breaking tor anonymity) for anything but the highest of high profile cases, especially considering it would end up in court records.
They can either spy and let it slide because 1 guy buying weed on whatever replaced the silk road isn't worth that, or they can find the guy, arrest him if he's done something big enough and invent a way they found him. Hell, they could even say they found him on clearnet, the guy isn't gona go "your honor, i sure did buy those illegal drugs online but i used TOR so how did they find out"
My current biggest reason to believe TOR isn't breached on a massive scale is that snowden had nothing to show about it.