We differentiate based on scale all the time. If I steal a pack of gum I expect a very different legal outcome than if I steal the entire contents of a best buy. In violent crime scale matters -- manslaughter is very different from mass murder.

In financial crimes ripping off my friend by not paying back a dinner is very different from embezzling millions from my company. Possessing a dime bag of marijuana is a very different crime from possessing 100 kilos of marijuana.

And in many cases, scale reaches a level of either not being enforced as a crime or not being a crime at all.

Federal sentencing guidelines specifically call out scale several times: https://www.ussc.gov/sites/default/files/pdf/about/overview/...