Those cheap baofeng's are illegal to use where I live on most of the spectrum they can operate on. Illegal to press the talk button anyway.
So maybe the 1w is also a regulatory issue.
How does the FCC enforce this sort of thing? Are they listening in to certain frequencies nationally with the ability to triangulate a handheld down to actually identifying someone?
In the US all transmitting at 1W with these radios is contrary to regulations.
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.