4 ms·
> It's illegal in all states of the US. It's federally illegal in all states of the US. And that illegality is probably constitutional, provided that whoever
by labcomputer 3y ago
> It's illegal in all states of the US.
It's federally illegal in all states of the US. And that illegality is probably constitutional, provided that whoever is prosecuted is doing something related to interstate commerce (growing in Nevada, selling in California, for example)
It isn't clear to me that simple possession (or even a cash sale between a grower and consumer in the same state) stands up to constitutional scrutiny, in the post-Wickard v. Filburn era. So, I think you could appeal the constitutionality of federal possession charges and have them overturned on constitutional grounds.
However, the problem for MasterCard is that they are based in New York, and are engaged in selling their payment services to businesses outside New York. That's very clearly interstate commerce and thus federal laws clearly apply here.