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I see two answers to this:

1) if something is legal wherever the purchase was made, then the credit card companies, as basic utilities, should be compelled to process the purchase.

which would be the easiest for me to understand, but possibly more complicated to enforce than

2) if something is legal wherever the credit card company is incorporated in, then the credit card companies, as basic utilities, should be compelled to process the purchase.

If laws or enforcement are unclear about the legality of a thing, handle it like it would be handled in case of a cash sale or have the credit card company be cautious and enforce the strictest rule.



You have to define legal. In the case of pot, it's not actually legal - the feds simply choose not to enforce the law in states that have legalized it at the state level. There is substantial risk there as a payment processor. If it were actually up to the states, then it could be more like you describe.




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