Protection of State regulatory authority and interstate commerce

(a) Preservation of State rights Except as provided in subsection (b), nothing in this Act or the amendments made by this Act shall be construed to preempt or limit the authority of a State, territory, or Indian Tribe to enact or enforce laws and regulations governing the production, manufacture, distribution, importation, or sale of hemp or hemp-derived cannabinoid products within the borders, or exportation out of the borders, of such State, territory, or Indian Tribe that are more stringent than, or at least as protective as would be permitted under an alcoholic beverage regulatory scheme comparable to, the standards in this Act and the amendments made by this Act. (b) Non-Interference with interstate commerce Pursuant to clause 3 of section 8 of article I, United States Constitution, no State, territory, or Indian Tribe may enact or enforce any law that prevents the passage and delivery of a hemp-derived cannabinoid product through the borders of such State, territory, or Indian Tribe if such product complies with this Act and the amendments made by this Act. (c) Definitions In this section: (1) Hemp The term hemp has the meaning given the term in section 297A of the Agricultural Marketing Act of 1946 (7 U.S.C. 1639o), as amended by section 3 of this Act. (2) Hemp-derived cannabinoid product The term hemp-derived cannabinoid product has the meaning given the term in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321), as amended by section 4(a) of this Act.