You are climbing the glass here. The ratio of common law is that the active behavior which is annoying is wrong. A person taking a rest shouldn't be annoyed by a smoker or, to add an other example, by a guy with a radio issuing music at very high volume. If you have been educated to invade the existence of the others, It's a problem of yours ...
An interesting sideline to the discussion..... My son has been a wildland fire fighter for years. He has been applying for full time employment as an urban firefighter full time in Southern Kalifornia. For one position, he was told he was in the top tier of candidates. On the final application he was asked if he had smoked marijuana in the last two years. Being completely honest he told them while on a break from a fire in Oregon, he purchased a doobie from a legal store just to try it because he was bored. Of course the state of Oregon got it's share of tax out of the doobie as will Kalifornia now that it is legal there.....but Kalifornia told my son to reapply in two years! Point is.....those in the know understand that pot reduces mental facilities. Of course in Kalifornia, those facilities are already obviously reduced!