Unfortunately, you are one of the arrogant crazies who absolutely believes that if you can smell burning tobacco it's exactly the same as burning toxic trash in your back yard, or in a public park.
Fortunately, the Federal Rules of Evidence does not make exceptions for small, arrogant delusional twits; they cannot trump real science!
I’m not talking about science.
If I can’t burn what I want in a public place, then neither can anyone else!
Tobacco is not sacred.
Smokers have always wanted special rights above and beyond anyone else. Although I don’t believe in the ban on smoking in PRIVATE places and I’d work to get that repealed I have to say smokers brought all that upon themselves by their absolute arrogance and intransigence.
Now they want others to stand up for their ‘special rights’.
The Federal Rules would apply, say, if Joe sued Moe for the harm caused by Moe’s cigarette smoke. Or if the presence of cigarette smoke were evidence in a criminal case.
It has nothing to do with whether a law banning something needs to first absolutely prove a harm from the something. Not even the USSC will strike a ban for such a failure.