In order to proclaim it a crime to operate an illegal radio station, one must get to the point at which the operation of said station is illegal. The federal government has preempted that area of law If the Congress wanted to declare it to be a criminal act, Congress can decide to do just that. It has not chosen to do so.
States have always had the right to legislate illicit drug use. So far, no state statute appears to conflict with federal law, which acts in authority derived from the commerce clause. The FBI isn't looking for someone puffing a joint in their living room, at least yet.