Being black is not a crime. However, gangsters or nerds, smoking in establishments where smoking is banned IS a crime. Plus the kicker is they're "gangsters". I know ZERO "good citizen" (self proclaimed) gangsters and a group of "gangsters" had tagged their gang symbol on my nsx before.
That is why I could care less if anyone there, including gangsters swallowed a lit pack.
Bats is an adult, he made his own decision and is taking the chance.