QL: In this instance I don't believe that interstate commerce is relevant. First, it is a criminal statute on the individual doing the transaction. (Anyone driving a car on a freeway is potentially engaged in interstate commerce, but you can still get a speeding ticket.) Secondly, I am fairly certain that there isn't any federal statute to the contrary, so no express preemption. Third, by memory, the courts have determined that you can even sue an airline, in state court, over certain types of claims which are not deemed to be preempted.

So, I would suspect that states do have the power.