I don't think so. But you don't need to. Seriously, what's wrong? If the driver is allowed to do that, it's because it doesn't make any difference. It's not to bother developers.
If you want to be sure to stick to OpenGL 2.1, don't use any 3.0+ function. If you use GLEW, you can set a macro to the version that you want to use, and you'll get compiler errors for any function that is 3.0+.