Smoking ANYthing is an unenumerated right under the 9th Amendment. -- A right that can be 'reasonably regulated' by State & local gov'ts, -- but not outright prohibited.
The 10th Amendment limits fed/state/local governments from using those powers prohibited in the rest of the Constitution & Amendments.
Gov't must use only powers delegated to them by the people, who have limited themselves in the power to infringe on each others individual rights.
-- IE -- 'I won't try to suppress your liberty, if you don't try to suppress mine'; -- is the basic [much abused] Law of the Land.
-- Amendment IX --
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
The Ninth Amendment does not state that every action that is not mentioned in the Constitution is a de facto right.
Never said it did. But obviously, smoking any substance is, just as drinking or eating any substance is.
The Tenth Amendment clearly states that the people of the states are reserved the power to enact laws which they see fit, provided that those laws do not transgress those rights enumerated [or not, as per the 9th] in the Constitution.
Agreed.
Where is smoking anything enumerated?
The 9th clearly says rights do not need to be enumerated. Enumeration "-- shall not be construed to deny or disparage others retained by the people. --"
Your reading of the Ninth Amendment is just simply wrong.
Saying that those things that are not mentioned cannot be presumed to be prohibited, is a far cry from saying that everything that isn't enumerated as a right is also a right.
If it said what you'd like it to say, only Treason would be a crime.
"Obviously"? If its only apparent to you and a few others, its not obvious is it?
You've concurred that not every action is a right, so list your criteria for an unenumerated right, and back that up with the Constitution please.
What would you allow the people to decide using their better judgement?