It is "tough luck" as you frame it since collective good takes precedence :). I do disagree about the smell lingering, the marijuana smell doesn't stay around for a long, overnight or so, while tobacco smoke does imbibe itself to clothes and requires a wash and I don't see people saying one cannot smoke cigarettes, especially in Germany or any EU countries.
In any case nobody cares what you think, about MJ, sorry but not sorry. If this were true we wouldn't have highly deadly/poisonous substances such as alcohol around.