On the contrary, the nyc subways are filled with these dudes "Selling candy for a basketball team" or "Trying to make some money to stay out of trouble." (Actual quotes)
The competition may be slim, but there are at least a hundred people selling candy on the subway everyday.
And if it were actually legal, there would be more; many more. If it gets past a certain tolerance you can bet Bloomberg will fire up the ticket machine.