The answer to Andrew's question

Comedian Andrew "Dice" Clay once asked in his routine "So you can smoke the baloney pony, but not a fuckin' Marlboro?", and at the time it seemed so absurd as to elicit roars of laughter from the crowd.

Given the absolutely usurous taxes on tobacco products in New York, and the recent vote on gay marriage, the answer seems to be:

Well, yes. Apparently.