Where to begin....

First, there is no "right to human health."

Second, smoking is a choice that people make for themselves.

Third, prohibition has never before in history been successful. In addition to driving down quality and price (due the lack of taxes), the movement from the legal market to the black market is always extremely violent and expensive.

The reader may be wondering "What should we do then to stop people from smoking?"

You should accept that people are going to smoke and stop trying to control them. You altruistic intentions did not give you a magic pass to make other people's decisions for them.