He pointed out what appears to be a blind spot for ya.
Tobacco, alcohol etc are all bad for ya and do damage as much as illicit drugs can. Users of both do it despite your own admission they know it's bad for them, so that doesn't really factor.
Causing a death over the course of years is still considered murder is it not? A wife slowing poisoning her husband is held accountable. So why not businesses and people who knowingly sell harmful products?
Do they get to stay because of a grandfather clause? If so, then why is marijuana now fighting to become legal?
The system is a lot more complex than you want to admit. It's easy to take a position when you simplify the choices to just what you want to address like you have, but it doesn't help others who are looking at the whole system and really want to fix it.