WASHINGTON, Aug. 28 (UPI) -- Only one of the 14 U.S. states that have legalized medical marijuana protects users from being fired if they fail a drug test, a lawyer says.

Cynthia Estlund, who teaches labor law at New York University, told The New York Times employers are not required to dismiss marijuana users either. Part of the problem is that marijuana remains illegal under federal law, the newspaper reported Saturday.


The Rhode Island law legalizing marijuana for medical reasons bans employers or landlords from penalizing users.

"The current state of affairs puts employers in a very difficult situation," Barbara L. Johnson, a Washington employment lawyer, said. "But the reality is that there are no federal guidelines like there are when dealing with other types of prescription medications."

Employers who have fired people who tested positive say the issue is safety. Joseph Casias, a cancer patient, was fired from his job at a Michigan Walmart last year.

"This is obviously an unfortunate situation all around," a company spokesman, Greg Rossiter, said. "But we have to consider the overall safety of our customers and our associates."