SCOTUS Protects Gun Rights for Pot Users, Not Job Licenses

The Supreme Court ruled in June that the federal government cannot prohibit individuals who use marijuana from owning firearms, but state laws still allow denial of professional licenses based on past drug convictions. The decision in United States v.

Hemani established that restrictions on gun ownership must align with historical firearm regulations, a standard not applied to the right to earn a living. This discrepancy stems from a Supreme Court footnote in United States vs.

Carolene Products which created a two-tiered system of constitutional rights, those explicitly listed in the Constitution receive greater protection than unenumerated rights. The Ninth Amendment was intended to prevent this, ensuring rights not specifically listed are still protected, but courts have largely deferred to state regulators on licensing decisions.

As a result, individuals like Courtney Haveman have been denied licenses to work, in her case, a cosmetology license, due to past, irrelevant offenses, while Ali Hemani can legally possess a firearm despite marijuana use. This creates a situation where a past drug charge may prevent someone from working as a dietitian, but not from owning a gun.