Tobacco case could limit state powers

The United States Supreme Court heard arguments today on a challenge to a Maine statute that requires tobacco retailers who sell their products online to register with the state (Rowe v. New Hampshire Motor Transport). The trial court and the 1st Circuit both found the state statute to be invalid. Forty states have similar laws that regulate Internet sales of tobacco products, the legislative intent being to prohibit the sale of cigarettes to minors.

The ruling could affect not only states' rights to regulate tobacco shipments but also other products such as explosives, fireworks, and wild animals. Arkansas statutes that could be affected include some non-tobacco related sections like Ark. Code Ann. §20-22-708.

Opponents of the state measures (delivery companies, etc.) believe that these state laws run afoul of federal law and put an unnecessary burden on companies to be knowledgeable of various restrictions in the 50 states. Here's more.