“The only states that have a realistic possibility of transferring supply is Oregon and Washington because other neighboring states maintain criminalization policies,” said Rob Porter, a tribal law expert and former president of the Seneca Nation in New York.
Current differences in state law around the possession of marijuana still pose a problem.
“Intrastate isn’t a problem, but interstate triggers a federal question,” said Marc J. Ross, a corporate and litigation attorney in Manhattan who is teaching a marijuana business class at Hofstra University School of Law in New York.
Because every batch of three to five marijuana plants and manufactured product is rigorously sampled and tested for pesticides, heavy metals, mold, mildew, bacteria and other contaminants by an independent testing lab, the state of Connecticut is poised to be a state that exports once that barrier is lifted.
“Any state that plans to impose rigorous testing requirements should look to Connecticut as a leader,” Birnbaum said.