Nobody is talking about the federal government here. We're talking about local and state governments. Though, the federal government could ban the sale and use of tobacco in the country as a whole through the use of the commerce clause.
States can only ban activity that isn't protected under federal or state constitutions. I just haven't seen anyone on this thread come up with an explanation as to how banning smoking harms any right.
Does banning coffee harm a right?
Does banning carbonated beverages harm a right?
Does banning beverages with sugar added harm a right?
Does banning fluoridated water harm a right?
Does banning non-fluoridated water harm a right?
Does banning both fluoridated and non-fluoridated water harm a right?
Does banning chlorinated and non-chlorinated water harm a right?
Does banning concealed carry of firearms harm a right?
Does banning of non-concealed carry of firearms harm a right?
Does banning of both concealed and non-concealed carry of firearms harm a right?
The Supreme Court of Alaska recently ruled that it is not a crime to have small amounts of marijuana in one's home. They have reasoned that such possession is protected by a right to privacy. This decision is without regard to whether marijuana is harmful or not, as far as I know.