So maybe the 1w is also a regulatory issue.
That said, no one is going to stop you from squatting on 146.580 MHz for example, a frequency commonly used by outdoors folks, rules notwithstanding.
With a ham license the limit is 1.5kW, without one its zero
People tinkering and staying away from ham bands will generally be fine and for the cheap ham gear that made easy by design usually by doing a factory reset or worst case having to clip a diode to widen their frequency ranges. Most ham gear is designed to be highly hackable.
https://www.fcc.gov/reports-research/guides/fcc-enforcement-...
But in general, yeah, unless you do it regularly, living near sensitive facilities (airport, military base, hospital, factories, research labs etc) or deliberately transmitting at/near emergency frequencies (police, paramedic etc) at most you'll get yelled by a pissed off operator (at that point, stop, they could be already coordinating with someone else to triangulate you)