States just need to start mandating LIDAR for any level of autonomous certification, in the same way we finally figured out seatbelts were the minimum level of safety for passenger retention.
Tesla cars are far from being autonomous. Autopilot (including the so called "full self driving") is level 2, meaning that the driver has to pay attention at all times. From a driver responsibility point of view, it is a fancy cruise control, there is no question about autonomous certification because the car isn't autonomous. If one day, Tesla thinks it is OK for drivers not to pay attention and wants to make it leg…
Whether this is false advertising or even just moral is up in the air, but Tesla is making no attempts at educating consumers about the limits of their autonomy other than the bare minimum (yeah you technically have to keep both hands on the wheel, but that mechanism is easily defeated and you can even buy clips on Amazon that do it for you). I'm pretty sure Elon even liked a tweet about a Pornhub video where someone banged a model on the highway with autopilot. Which is an excellent day for PR and a disastrous day for legal.
The point being, sure, academically they are a far way away, but they are trying to convince consumers Level 5 is just around the corner.