A genetic test that defines who can smoke an who can't, great.
Oh, much, much, more interesting: a genetic variation that allows certain people to maintain the function of a huge and delicate sponge of gas-exchange membrane despite heavy dosing with a grab bag of carcinogens, incomplete organic combustion products, and all sorts of unpleasantness.
The ability to smoke without consequence is peanuts compared to some of the possible applications of working out how that effect is created.
Any company with the capacity to profitably mine the moon, or asteroids, isn't going to give a shit about the quaint laws of an individual nation state.
Unless its directors don't fancy living in a tiny habitube on an airless rock somewhere...
I'm not saying that taking advantage of this would be a good thing; as long as you keep idiots and/or the malicious from 'accidentally' re-entering giant ferrous payloads into population centers space mining seems like a win; but what your robots are able to do in the Kuiper belt won't mean jack if you are sitting in your mansion somewhere on earth and the local authorities send in the jackboots.
Now, if you can make space mining profitable; odds are excellent that you'll be able to find at least one, probably several, governments who are more than happy to make it legal for you. This seems much more likely. Defying nation-states by force is a bit of a sucker's game, suitable only for the desperate or for really, really, weak nation states. Simply engaging a few specialists with knowledge of their legislative process is way easier, unless the economic foundation of our industry rests in part on its illegality(eg. drug cartels).
The life of a repo man is always intense.