By Amy E. Feldman

PHILADELPHIA (CBS) – It’s not just the thought patterns of users of marijuana but the thought patterns of the lawmakers on the subject of marijuana that are hazy.

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Only 2 states – Arizona and Delaware – of the 22 states that have legalized the use of medical marijuana, have a law that prevents employers from firing people because they legally use it. Or is there?

The American Civil Liberties Union has filed a lawsuit against a Rhode Island employer claiming that its blanket policy refusing to hire users of medical marijuana violates Rhode Island state law which makes it illegal for a company to bar people from employment just because they have a medical marijuana prescription card, although confusingly it doesn’t prevent employers from firing or failing to hire workers who test positive for the drug.

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In other words, you can get it, you just can’t use it.

Previous lawsuits, such as one brought against Wal-Mart in 2009 by a man receiving marijuana in conjunction with his treatment for cancer and a 2013 suit brought by a paraplegic who was prescribed marijuana to ease muscle spasms have all ended in defeat for the employees.

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The result may be different in court this time based on Rhode Island’s contradictory laws, but in any event, one hopes that the lawmakers will think through a little more carefully whether, if they’re going to allow people to use it, if they’re also going to protect people’s jobs who do so.