I can fully want someone to not see jail time and still not want them as an employee; I believe some companies even discriminate against smokers.
I'm the furthest thing from a lawyer and this is just a question to people who may know. I understand the smoking thing is an insurance issue.
If they suspect that you’re using it as a stand-in for a protected class, you may be in trouble (not hiring smokers because blacks smoke, for example).
There may be edge cases where something is effectively a protected class. And it may vary from state to state.
[1] https://www.airforcetimes.com/news/your-air-force/2017/08/29....
at-will means at-will.