They are already penalized, paying close to $5.00 a pack.
How are they going to know who smokes? I could see that if you had a job, and the company was providing health insurance. My old job made us get tested for pot, on any day without notice.
They just made pot legal, and I recall reading that one pot smoke was equal to a pack of cigarettes in terms of the health aspects. Pot smoker will be the next to get penalized.