All the time. This refusal to prosecute thing is a policy that for all intents and purposes negates a law.
The law is that theft is illegal; the policy is to not prosecute it.
Like with drugs in some states, or the money
from drugs in those same states, for example.
Or, speeding in Montana, which becomes a "waste of natural resources" charge, because they really don't care that you speed per se but they really would like your money, and the federal money that comes with having a speed limit as established by the federal government for government highway funds.