Mississippi Medical Marijuana Dispensary Owner’s Lawsuit Against Advertising Ban Dismissed
Federal Judge Rules That Marijuana Advertising Ban Does Not Violate First Amendment Rights
In a setback for the burgeoning medical marijuana industry in Mississippi, a federal judge has dismissed a lawsuit challenging the state’s ban on cannabis advertising.
Clarence Cocroft II, the owner of Tru Source Medical Cannabis, had argued that Mississippi’s regulations prohibiting cannabis advertising in any media amounted to unconstitutional censorship of the industry.
However, U.S. District Judge Michael P. Mills disagreed, ruling that because the possession of marijuana remains illegal at the federal level, it is not a “lawful activity” protected by the U.S. Constitution like some other forms of commercial speech.
Cocroft’s Arguments and the Judge’s Ruling
Cocroft opened his dispensary in Olive Branch, Mississippi, after the state legislature legalized medical marijuana in 2022. He argued that he has faced difficulty reaching potential customers because of the state’s ban on advertising by cannabis businesses.
Judge Mills, however, stated that overturning Mississippi’s ban on cannabis advertising would be a “drastic intrusion upon state sovereignty,” especially considering that the Mississippi Legislature has gone further than Congress in legalizing marijuana to any degree.
The judge also noted that while the Biden administration is currently reviewing cannabis policy and has issued presidential pardons for low-level federal marijuana offenses, cannabis remains illegal under federal law. Therefore, states are free to pass laws that restrict advertising by cannabis businesses.
Cocroft’s Plans for Appeal
Despite the dismissal of the case, Cocroft expressed his intention to appeal the judge’s ruling to the 5th U.S. Circuit Court of Appeals. He believes that Mississippi’s ban on cannabis advertising violates the First Amendment rights of legal businesses and plans to continue fighting for the right to truthfully advertise his legal business in the cannabis industry.
Potential Changes to Advertising Restrictions in Mississippi
While Mississippi’s regulated medical marijuana businesses currently face the state’s ban on advertising, Brian Vicente, founding partner of the cannabis and psychedelics law firm Vicente LLP, noted that some states with similar policies have later modified the restrictions.
Vicente believes that Mississippi needs to consider the negative impact of severely restricting medical marijuana advertising on patients who need access to this important medication. These restrictions significantly affect patients’ accessibility to information about the program and their medication.
Conclusion
The dismissal of Cocroft’s lawsuit highlights the ongoing tension between state and federal laws regarding cannabis. While some states have legalized marijuana for medical or recreational use, it remains illegal at the federal level, leading to differing regulations and restrictions across the country.
The outcome of Cocroft’s appeal and the evolving landscape of cannabis policy at the federal and state levels will continue to shape the legal framework for cannabis advertising and the rights of businesses operating in this industry.