A federal appeals court has upheld the medical marijuana advertising ban in Mississippi , ruling that medical marijuana businesses in the state do not have the right to advertise on billboards or other mass media platforms because marijuana remains illegal under federal law.
The decision came after Clarence Cocroft II, owner of Tru Source Medical Cannabis in Olive Branch, challenged the state’s restrictions. He argued that the First Amendment protects his right to advertise since Mississippi law permits the sale of cannabis products to people with debilitating medical conditions. The state enacted its medical marijuana law in 2022.
On Friday, a three-judge panel of the 5th U.S. Circuit Court of Appeals rejected Cocroft’s arguments. They cited the federal Controlled Substances Act of 1970, which prohibits the manufacture, distribution, dispensing, and possession of marijuana. The judges wrote that Mississippi “faces no constitutional obstacle to restricting commercial speech relating to unlawful transactions.”
The Mississippi attorney general’s office praised the court’s decision. Spokesperson MaryAsa Lee stated that the ruling upholds “Mississippi’s reasonable restrictions on advertising for medical marijuana dispensaries by print, broadcast, and other mass communications.”
Cocroft expressed his disappointment, saying, “Upholding this ban makes it incredibly difficult for me to find potential customers and to educate people about Mississippi’s medical marijuana program. I remain committed to continuing this fight so my business can be treated the same as any other legal business in Mississippi.”
Under the medical marijuana advertising ban, businesses are allowed to have websites or social media accounts that provide information about their locations and product offerings. They can also be listed in phone books or business directories and display cannabis in their company logos. However, advertising via billboards, print, broadcast media, mass emails, or text messaging is prohibited.
Cocroft is represented by the Institute for Justice, a nonprofit libertarian law firm. The firm is considering its next steps, including possibly asking the entire appeals court to reconsider the case or appealing to the Supreme Court. Institute for Justice attorney Ari Bargil commented, “Mississippi cannot on the one hand create an entire marketplace for the sale of medical marijuana, and on the other hand rely on an unenforced federal law to prohibit buyers and sellers from talking about it.”
This is not the first time Cocroft has challenged the state’s advertising restrictions. In December 2023, we reported on his initial lawsuit against the state. For more background on his ongoing battle, read our previous article – Medical Marijuana Dispensary Battles Advertising Prohibition.
