Why is tobacco legal? Because politicians do not care

Let people do what they want as long as they can pay for the consequences.

Texting/cell phone, no seat belt, baby not in a seat, etc in a car
Smoking
Carrying a gun

Those are all things that are likely to cause illness or harm to oneself or others. Carry insurance so others don't have to pay for your stupidity. And require that these dangerous behaviors are not allowed near others.
We all pay for smokers choices though

Just like we pay for joggers who blow their knees and hips out, or drinkers who burn through their livers, or idiot base jumpers who's parachutes crap out.

The Tobacco issue should become moot, however, as they have figured out how to make an improved cigarette, i.e. the E-cig that removes the truly harmful components of smoking. But government and advocates of not smoking are not embracing them, but fighting them. Mostly due to perceived loss of tax revenue (government) and the fact that for the advocates, it really isn't about people's health, its about being insufferable kill-joys.
 

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