The only saving grace is “can” instead of “shall”. It would be a good idea to head this off at the pass at your state’s legislature. Contact a rep you know would be friendly to a ban on online sales tax or at least a minimum sales amount to trigger it. Show money lost because of businesses being forced to shut down.
I suspect most states laws immediately cover. It is now a matter or enforcing compliance. I don’t see any state passing a law to say that out-of-state businesses are not subject to in-state taxing. No way, sorry. Do you see any state doing that? Would you as a taxpayer and in-state business owner agree to the state waiving taxes on your out-of-state competitor?