SCOTUS Says Gun Rights Protected for Marijuana Users, But Occupational Licenses Still at Risk

The article analyzes the Supreme Court's unanimous June 2026 ruling in United States v. Hemani, which held that the government cannot strip gun rights from marijuana users under the Second Amendment. However, it highlights a double standard: while gun rights receive strong constitutional protection, the right to earn a living through licensed occupations (e.g., cosmetology, dietetics) faces a much weaker 'rational basis' test. States routinely deny occupational licenses based on past drug convictions or 'good moral character' requirements, even when the offenses are unrelated to job competence. The asymmetry traces back to the Carolene Products footnote, which gives full protection to enumerated rights but leaves unenumerated rights like economic liberty vulnerable. The article cites cases like Courtney Haveman's (cosmetology license denied for past misdemeanors) to illustrate the disparity.