Last January, the rules that Indiana State had imposed on out-of-state companies were declared in violation of the US Constitution’s commerce clause, by the Court of Appeal. Last Friday, the state’s lawmakers debated the legislation that will eliminate many of Indiana’s monopoly-creating regulations, whilst setting in place new ones.
A bill that violated the US Constitution’s commerce clause
The requirements Indiana State placed on out-of-state companies have been deemed in violation of the US Constitution’s commerce clause by the Court of Appeal.
Sen. Greg Taylor (D-Indianapolis) is not in favour of these new regulations. In his opinion Bill 1 is heavily reliant on potential federal regulations that have not been implemented yet, and said that he does not want to depend on the federal government.
“So we’re just going to have a free-for-all now with people coming here, getting this vape … kids are going to be smoking it,” said Taylor.
However, Sen. Randy Head (R-Logansport) reminded that since a federal court ruling earlier this year invalidated Indiana’s existing rules, this bill is needed in order to ensure that the products being sold are safe.
“If we don’t implement Senate Bill 1, there will be no regulations. And it will be easier for people who want to do bad things to put illegal substances in e-liquid and ship it here, there, and anywhere else,” Head says.
The Senate approved the bill at 45-5 and the House at 83-14.