Neuberger, who co-chairs Foley’s cannabis industry team, said of the report’s findings that, “This is very much a growth industry. But it still is permeated by the tension between state legalization and a lack of action on the federal level, which creates both opportunity and risk for our clients.”
On the variance in state and local government tolerance for workers’ marijuana use, Neuberger said, “The proliferation of state laws regulating or restricting marijuana testing, like we’ve seen recently in New York and New Jersey, creates a compliance nightmare for clients that like uniformity. It forces them to make some very challenging decisions.”
“On the employment side, we’re going to see more prohibitions against testing or restricting legal use, and that will continue to drive employers insane. It will be interesting to see if the regulated cannabis industry can get control over the illegal industry, which still in many states predominates and is eating into profits. Also, where will things go with cannabinoids and CBD? My belief is sound federal legalization by regulation would really help shore up the industry and allow it to perform like other industries and that’s when you would really see it take off,” he added.