Interstate commerce and Salvia divinorum

[bcubed]

What is the name of your state (only U.S. law)? Pennsylvania

This question is related to Salvia divinorum, a hallucinogenic mint that--while subject to no Federal prohibition--is illegal in 22 (? as of last count) US states. (I suppose the answer would be transferrable to other substances subject to state, not federal, law.)

1) Would it be legal to transport (due to the commerce clause) Salvia from state A (legal), to state B (legal), while passing through state C (illegal?)

2) Would it be legal (due to the commerce clause) for a corporation based in state A (legal) to sell to residences in state C (illegal)?

As for 2), I know that online sellers don't generally ship to "illegal" states, but I do not know if that is due to inapplacability of the interstate commerce clause, or merely to a desire to be viewed as (comparatively) "good corporate citizens."

 

[swalsh411]

The commerce clause is an ernumerated power that allows Congress to regulate interstate commerce. What makes you think this has anything to do with your question?

 

[bcubed]

Well, because...

As explained in United States v. Lopez, 514 U.S. 549 (1995), "For nearly a century thereafter (that is, after Gibbons), the Court's Commerce Clause decisions dealt but rarely with the extent of Congress' power, and almost entirely with the Commerce Clause as a limit on state legislation that discriminated against interstate commerce.[

Thus, if a state law against salvia is a "discrimination against interstate commerce," it stands to reason the commerce clause would become operable.

Also, I've seen the same principle utilized in "State Line fireworks" (i.e. set up shop at state lines, and sell exclusively to residents of other states), and "riverboat casinos" (i.e. since navagible rivers are "interstate" by definition, one can skirt state gambling laws that way).\

So, if it works for fireworks and gambling, why not drugs?

 

[davew128]

So, if it works for fireworks and gambling, why not drugs?

It doesn't work for fireworks and gambling so your premise is fatally flawed.

Selling fireworks in a state allowing fireworks to a resident of a state that doesn't allow it doesn't violate anything. THE SALE HAPPENS IN THE STATE THAT ALLOWS IT.

I guess you missed that subtle point.