Useful medical drugs need to prove they are effective before being used. That's not a bad thing. Smoking is a remnant of historical habits before it's dangers were known. The crime is more that we allow it to be used and marketed to new customers. New Zealand has the right idea by increasing the legal age annually but that got shot down.
Allowing drugs to be used without proof would likely lead to more things like smoking causing harm, not less.
So, they recognize that how people identify is important? They just choose not to recognize what they identify as. That seems like it would open the door legally to force recognition of identity. IANAL.