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Notes -
I’m confused.
In other words, I feel like Texas is allowed to regulate what products Texans may purchase unless preempted by federal law. I also assume that this has already happened somewhere in the US Code. I recognize that I may be completely off base, especially if this is one of those “gentleman’s agreement” situations we’ve been tearing down, lately. Maybe in five years North Carolina decides to cancel the FDA.
Alcohol is generally treated as special because of the powers given by section 2 of the 21st amendment - if a state constitution grants counties the authority to declare themselves dry, that would be a pretty clear application of section 2. But given that SCOTUS has ruled that the dormant commerce clause still applies to alcohol notwithstanding the 21st amendment (e.g. Granholm v. Heald (2005) 544 U.S. 460 and Tennessee Wine and Spirits Retailers Association v. Thomas (2019) 588 U.S. ----) there's probably some wrinkles here that I'm missing.
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