BrewProject
Well-Known Member
cowain said:I just wrote my law review article on arbitration (obviously not the same as homebrewing) but preemption of state law by federal law was a big deal in the note. Virtually all state arbitration laws have been held by the U.S. Supreme Court to be preempted by the Federal Arbitration Act. I'd apply similar logic to this situation and say that the state laws governing homebrewing have been preempted by the federal law governing the field.
obviously Federal Law preempts State Laws in some other cases as well.
Two of them being Medical Marijuana and Alcohol Prohibition back in the 20's. (although I am not sure that there were State Laws that went against Federal Prohibtion Laws, I am sure there are States today with Medical MJ Laws that the Federal Govt thumbs it's nose at).