Yes but if the original owner used the game with cheats/hacks/mods or if they cloned it and multiple people used it at the same time then that game cartridge would get flagged by Nintendo and banned. Maybe your Nintendo account gets banned, maybe the console doesn’t allow you to play it, or maybe the game doesn’t do online features anymore. Point is Nintendo decides what happens to your physical copy moving forward. At that point do you become an accomplice in getting others in trouble by reselling or take the L? After all it’s not like the game looks/feels any different despite being a banned game.