I smoke.
When it becomes "illegal" to smoke within the confines of my own home(and it eventually will), I'll be a law breaker.*Shrug*.
as far as having constitutional rights taken away, Smoking is not free speech, it is not religious ritual(in most cases), it is not involved in the right to bear arms(though the government agency that deals with smoking also dealswith arms), it is not preventing anyone from due process (yet,.... but they're working on it, especially where insurance companies are concerned.eventually if you smoke no court in the land will rule in your favor in a case involving denial of insurance payment for smoke related injuries or illness.), it doesn't involve illegal search and seizure(yet, ....because it is not yet illegal to possess or use tobacco products), and it can't effect whether or not the government can take your land(unless of course you live in a state that bans the farming of tobacco , in which case you can in fact lose your land to the government.) I think there's a few others on the list I am probably missing, and I may have confused an amendment or two with constitutional right, but the two go hand in hand, but you get my gist.
Smokers "rights" have nothing whatsoever to do with the constitution of the united states.
As I recall, though, Drinkers "rights" have been violated once before in this country, with a devastating and long lasting effect. Drinkers regained their "rights",eventually. So maybe for you , wmsco, there is hope in getting back your"rights",... but don't count on it.