That doesn’t solve the problem; how do you decide the ambiguity in the meantime? (Concretely, some court is evaluating a dispute. Does the EPA have the right to decree X, or not?)
This is a mere magick trick that can only ultimately be enforced by private firearms.
You do not hold allodial title to the things which you need to live. You can be involuntarily caged for long periods for mere possession of materials or objects. You are a subject, not a sovereign. Try protecting yourself from kidnap by an enforcer next time he catches you with a joint, you will be swiftly escalated to execution if you successfully fight off application of chains. You are not sovereign if your choices are death or obedience (even to the god/religion "The Law").
Our system kills sovereigns systematically and convinces its subjects they're sovereign (they're not) in order to lessen the odds said subjects learn from the state and get violent against its enforcers. Democracy did not help us: it helps the ruling elite by playing a magick trick on you, convincing you to give up violent power and accept the unacceptable because "We have rules and a system, and you agreed to those rules so tough nuts! You've got a chance for change next election cycle."
Its original intent was noble, but seriously try BSing me that we have any effect after the comedic horror show last night...