SCOTUS Says You Can't Lose Gun Rights for Smoking Pot, But You Could Still Lose a Government License to Work

The article analyzes the double standard in U.S. constitutional law highlighted by the Supreme Court's unanimous ruling in United States v. Hemani (June 2026), which held that the government cannot strip firearm rights from marijuana users under the Second Amendment. However, the article contrasts this with the much weaker protection for the right to earn a living. It notes that state licensing boards can deny professional licenses (e.g., cosmetology, dietetics) based on past drug convictions or arrests under 'good moral character' requirements, which face only a 'rational basis' test and are presumed constitutional. The asymmetry traces back to the Carolene Products footnote, which gives full protection to enumerated rights (like bearing arms) but leaves unenumerated rights (like working) vulnerable. The article cites the case of Courtney Haveman, who was denied a cosmetology license due to past misdemeanors, as a rare win against such requirements.