the Constitution and the Bill of Rights says i do.

You're wrong.

Show proof where it says it don't.

It's the duty of the courts to interpret the Constitution and rule
accordingly. It's the duty of the Appeals Courts and the Supreme Court to
right errors made by lesser courts. In all of that, it has been determined
that there is NO right to smoke. You can wish otherwise. You can claim
otherwise. All of that will get you nowhere, however, since your opinion is
meaningless.