Booze is legal too, but companies don't allow it in the workplace, and they don't allow employees to take regular breaks to drink up. I wonder if they could get away with a "no cigarettes, cigars, or pipes in the workplace" policy?

You could argue that smoking doesn't affect the performance of your job, but from what I'm reading in this thread and from my own experience years ago working in a cubicle environment when you could still smoke in them, smoking did indeed affect my performance on the job. It stank, it made me stink, and I had to face customers, etc...