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The original was posted on /r/neutralpolitics by /u/uAHlOCyaPQMLorMgqrwL on 2023-04-22 18:50:53+00:00.

For example, performance enhancing drug scandals are a perennial problem in sports (additional recent cases), but could a state restrict the use of FDA approved drugs for the purpose of performance enhancement above a nominally “natural” level within its borders? Or “plastic surgery” for cosmetic enhancement of a nominally non-deformed or injured patient, as opposed to reconstruction or correction? Or a form of “body hacking” or self-experimentation without existing federal regulations, for an example without a Supremacy Clause implication?

States regulate physicians and surgeons, authorized to do so by the 10th amendment, but would an intention-based regulation overcome the federal supremacy of FDA approval for that drug? The closest existing example I know of (other than abortion or, hypothetically, alcohol) is state laws targeting “pill-mills” (pdf), but that’s based on making prescribers jump through hoops, rather than specifying when a treatment can and can’t be used.