It doesn't have to be criminally illegal. Instead it could simply be civil. The apartment complex, which you do not own, would be the ones setting the rules here.
And you, of your own free choice, would have the choice to either follow the rules or go live somewhere else. The person you are responding to doesn't have an issue with you smoking in your own purchased home. Instead this was about apartment complexes.
And it wouldn't even have to be a law applied to you. It could be applied to the apartment complex. Apartment complexes already have to follow lots of laws. So they could simply be required to have this as a rule.
And then you, could make your libertarian choice to live there or not. Its not your apartment complex after all. And since its someone else property, they would absolutely have the free to make you not do this in their own property.
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