Vaping in California -- can I evict?

[CJ Mann]

A couple years back, California redefined "Tobacco Products" to include vaporizers regardless of whether someone is vaping Tobacco, tasty flavors, or marijuana.  The lease in play only has a No Smoking Tobacco Products clause w/ NO specific mentioned of vaping. A tenant photographed another tenant holding a vaporizer in one hand while hiding out behind the building. The tenant made up some BS reason for why he was hiding behind the building. As folks know, there have been numerous vaping related deaths and hospitalizations in the US from a mysterious vaping illness. The tenant that took the photo says it was odor that made her look behind the building. The tenant wants the guy evicted, she doesn't (shouldn't) have to breathe these chemicals while on the property.  

So, given the Cal State definition, the language on the lease, and the fact that the pic doesn't capture inhalation or vapor --- do I have enough to evict? How do I figure this out between the two tenants? Any advice appreciated!

[Nathan Gesner]

Vaping outdoors is not illegal. If it's not specifically forbidden in your lease, you are out of luck.

Talk to the vaping tenant. Let him know the odor is causing complaints and that he should stand away from all entrances and structures while vaping on the premises.

The complainant needs to toughen up. Unless the tenant is vaping outside her window regularly, I doubt she's smelling much. And I haven't heard of a single person being damaged by second-hand vaping, particularly when it only occurs rarely.