Some like the smell of smoke; be it tobacco, wood, leaves, what-have-you
Some people don't.
Why are the people who don't like the smell of smoke granted greater protection under the law than those who do? I don't remember any sort of protection from smells I don't like in common law or as part of the constitution. I don't like the smell of commercial food production but I would be crazy to think my dislike has any bearing on the lives and activities of others.
If a smell is considered offensive by a plurality of people, then I can see the civil argument having some merit but where are the studies showing that the plurality or even majority of people dislike the smell of burning marijuana?