But they don't own the air? Just like you don't own the water that falls into your garden, the utility companies do.
It is not a crime in private, in public others may affect so better not to smoke in public for humanity purpose.
If smoking is a crime, then we should not even drive, as all the carbon monoxide will pollute the environment as well as harmful to humans. What should be stated is that smoking is not illegal unless the smoker does it recklessly, like deliberately smoke in a closed area (especially toilet)
Smoking is injurious to your health as well as person with you. So it is crime as suicide and killing others is crime..
smoking is not be a crime today. I think it also a helping material for the researchers. So how can say it a crime?