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Mississippi, Medical Cannabis Advertising and the First Amendment

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Mississippi’s Initiative 65

Easily one of the biggest legislative surprises of the 2020 was the passing of Mississippi’s Initiative 65, a medical cannabis bill with an extensive qualifying conditions list. In arguably the reddest and most socially conservative state in America — where only one Democrat has served as Governor since 1992, and where Republicans have a considerable majority in both houses of the Legislature — 69 percent of Mississippians gave Initiative 65 a landslide victory.

It’s worth noting that this bill passed in a state where the governor called the implementation of medical cannabis a “liberal” ballot created by “stoners” — despite it being very hard to believe that 70 percent of Mississippians are stoners, much less liberal stoners at that. A medical cannabis bill passing by a margin that substantial is undeniable proof in the very present support for at least medical cannabis expansion among Republicans remains on solid footing.

Since early 2023, medical cannabis has been available for qualifying patients in Mississippi and has sold over $35 million in its first year of sales and there are over 180 licensed dispensaries throughout the state. From Corinth all the way down to Biloxi, there are plentifully stocked dispensaries that are ready to serve the public.

Although medical cannabis is readily accessible for Mississippians who qualify, the state’s industry is still facing the continuous issues that always seem to arise over properly marketing and advertising either a cannabis brand or store. Partially due to the federal status and the stringent policies of nearly every major social media platform, digital marketing strategies for fully licensed and compliant cannabis companies are extremely limited. Because of these restrictions, cannabis brands and dispensaries are finding both success and reliability in their advertising through non-digital means, those being print magazine advertisements and more notably, highway billboard advertisements.

Advertising for Cannabis Businesses

Still though, the troubles surrounding proper advertising persist. Recently, the ruling of a federal judge in Mississippi has made advertising for cannabis businesses within the state even more difficult. Back in November, the owner of the Olive Branch-located medical cannabis dispensary Tru Source, Clarence Cocroft II, filed a federal lawsuit against numerous departments in Mississippi challenging the strict regulations that put lawfully operating cannabis businesses at a significant disadvantage when trying to successfully advertise. The argument that Cocroft and his attorneys leaned on was that the banning of medical cannabis dispensaries from advertising in Mississippi violates the business owners’ First Amendment rights. The defendants in the lawsuit represent a number of governmental departments, from the Department of Health to the Alcoholic Beverage Control Bureau.

“All I want to do, like any other business owner, is have the opportunity to advertise. If I pay taxes in this business, which I do, I should be able to advertise,” Cocroft said at a news conference. “All I’m asking from this state is to provide us with the same liberty that they’ve provided other businesses.”

Apparently, the advertising regulations entirely prohibit the advertising of medical cannabis businesses in any medium, whether that be digital or physical. Whereas other states have either local or statewide cannabis magazines and sites that allow cannabis businesses to properly advertise, Mississippi forbids cannabis businesses to even place magazine ads according to the regulations. Worse even for the neighboring states, they also have similarly disadvantageous policies. Arkansas, Louisiana and Alabama all prohibit dispensaries from advertising through “public mediums.”

“Under the ban, Clarence can’t advertise in any media. He cannot place ads in newspapers or magazines, on television or radio, or even on billboards that he already owns,” said Katrin Marquez, one of Cocroft’s attorneys. “The First Amendment does not allow a state to completely censor a legal business. If it is legal to sell a product, it is legal to talk about that product.”

Unfortunately for Cocroft and his fellow Mississippi cannabis business owners, Judge Michael P. Mills of the United States District Court for the Northern District of Mississippi sided with the state in a late January ruling. In his ruling, Judge Mills cited the still active federal prohibition of cannabis and that due to cannabis businesses not being considered a “lawful activity”, those businesses are not rewarded the same constitutional protections that other types of commercial speech or advertising usually receive.

Mills described relaxing the prohibition of medical cannabis advertising as a “drastic intrusion upon state sovereignty” and that by legalizing medical cannabis, the Mississippi Legislature had ventured further with cannabis reform as a whole than the United States Congress. “In light of this fact, on what basis would a federal court tell the Mississippi Legislature that it was not entitled to dip its toe into the legalization of marijuana, but, instead, had to dive headfirst into it?” Mills rhetorically asked in his ruling.

Mississippi Court Cannabis Ruling

This isn’t the first time we have disagreed with Mississippi court cannabis ruling. And despite the lawsuit being dismissed, Cocroft remains optimistic. He plans to appeal the decision to the 5th U.S. Circuit Court of Appeals. Cocroft views this lawsuit as eventually monumental, especially if it can overturn the many stringently anti-cannabis policies that exist across almost all traditional advertising platforms and strategies. “I’m prepared to fight this fight for as long as it takes,” Cocroft said. “This case is bigger than me and my dispensary, it is about defending the right of everyone to truthfully advertise their legal business in the cannabis industry.”



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Nebraska Republicans are targeting voter-approved medical marijuana, following other GOP-led states | Around Mississippi

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Nebraska Republicans are targeting voter-approved medical marijuana, following other GOP-led states

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LINCOLN, Neb. — Nebraska officials missed a deadline this week granting licenses to marijuana growers as part of a voter-approved measure that legalized medical marijuana, offering the latest example of pushback in Republican-led states against efforts to legalize the drug.

“How many times do we have to go down this road of fighting for our lives?” Lia Post asked through sobs Tuesday to the newly formed Nebraska Medical Cannabis Commission as it became clear the body would not meet the Wednesday deadline.

Post lives in eastern Nebraska and suffers from a condition that causes chronic pain in her extremities. Marijuana provides relief from the condition and allows her to avoid addictive opiates.

“There’s no begging left in me,” Post cried during the commission meeting, where three members hand-picked by Republican Gov. Jim Pillen said they had to postpone licensing.

Nebraska Republican leaders from the governor to the state’s attorney general and conservative lawmakers are working to weaken or even kill the new law, despite its overwhelming support at the ballot box.

Twenty-four states and Washington, D.C., have legalized recreational marijuana for adults, although some efforts in Florida, North Dakota and South Dakota recently failed at the ballot box. The medical use of marijuana is more accepted and allowed in 40 states and the District of Columbia, including 17 states where voters approved it.

But some Republicans in those states have continued to fight against medical marijuana approved by voters. In South Dakota, a Republican state lawmaker unsuccessfully pushed a bill this year to repeal voter-approved medical marijuana. In Idaho, lawmakers proposed a constitutional amendment that would forbid citizen initiatives to legalize marijuana and instead leave such decisions to the Legislature.

And in Mississippi, the effort to undo a 2020 voter-backed medical marijuana law seems to have gutted that state’s citizen initiative process after the Mississippi Supreme Court voided it, ruling the state’s initiative process is outdated.

Reasons for the pushback appear rooted in the belief that marijuana is a dangerous drug.

Law enforcement has long opposed it as a gateway to other drug use and as a driving-while-intoxicated hazard that can’t be measured in the field by a Breathalyzer. Many cite the federal government’s continued classification of marijuana as a dangerous drug on par with heroin and LSD.

Karen O’Keefe, director of state policies at the Marijuana Policy Project, said polling has shown a majority of Republicans support legalized medical marijuana.

“It’s like a small part of the Republican Party, but some of them are vehemently opposed,” O’Keefe said. “It’s people that bought into reefer madness.”

Unlike marijuana, O’Keefe noted thousands of Americans die annually from prescription opiates and adverse incidents from other drugs.

The medical marijuana law passed by Nebraska voters in November required that licenses be issued by Wednesday. The reason for the delay? Days earlier, Pillen forced the resignation of the two commission members he hadn’t appointed. They had been tasked with checking the qualifications of cultivator applications.

Pillen has insisted he is not opposed to medical marijuana, but has made several moves that critics say are designed to keep people from accessing it. That includes appointing members to the commission who have publicly opposed legalizing marijuana, even for medical use. Pillen also asked the commission to limit the number of marijuana plants to be licensed for medical use to 1,250 — a number the industry argued is too low to accommodate the number of state residents seeking prescription marijuana.

“The purpose in doing so was to ensure that an overabundance of plants would not saturate the market and lead to the creation of unregulated and potentially illegal sales,” Pillen spokesperson Laura Strimple said.

The new Nebraska commission has so far flouted provisions of the voter initiative — including passing emergency rules that ban smoking, vaping or marijuana edibles for medical use, which are specifically allowed under the law voters passed. The commission has also forbidden flavorings to improve the taste of bitter tinctures and pills that are allowed, has drastically limited the number of growers and dispensaries to be licensed, placed burdensome and expensive continuing education requirements on doctors and restricted the amount and strength of medical marijuana that can be prescribed.

State Attorney General Mike Hilgers has turned to the courts to try to invalidate the ballot initiative, approved by more than 70% of voters.

“I would say Nebraska is unique in the level of hostility of trying to overturn the will of the people,” said O’Keefe with the Marijuana Policy Project.

Hilgers lost a court battle last year in which he called into question the validity of thousands of signatures gathered to place the question on the November ballot. A former Republican state lawmaker also sued to void the new law, arguing that it violates federal prohibitions against marijuana. He lost that challenge in district court but has appealed to the state Supreme Court.

Hilgers said his legal fights are solely about protecting the rule of law, accusing the petition process of “unprecedented levels of fraud.” So far, the only success Hilgers has had in court is the misdemeanor conviction of a petition circulator accused of forging signatures on petitions.

“Someone cannot justify this wrongdoing by simply pointing to the favorable results on the ballot; if you could, it would create a dangerous precedent for future petition initiatives,” Hilgers said.

But Hilgers has made no secret of his opposition to even limited legalization of marijuana. In a March editorial, he said “marijuana is easily abused and is not safe to consume even under medical supervision.”

Crista Eggers, who led the medical marijuana ballot initiative, argued a “black market” thrives when marijuana for medical use is too severely restricted.

“If you are one of the 71% that voted in support of medical cannabis, you should be angry, because the system and the regulatory framework that is coming down from this commission is not at all what voters intended,” she said.

Paul Armentano, of the marijuana advocacy organization NORML, said elected officials in states dominated by one political party count on voter partisanship.

“I can only presume that lawmakers are emboldened to take these steps because, generally, they don’t fear there will be repercussions from the voters at the ballot box,” he said.



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Ocean Springs Alum Avery Weed wins third career Individual Title with Mississippi State Golf!

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Mississippi State’s Women’s Golf team wrapped up their third tournament of the fall earlier today in Arkansas at the Blessings Collegiate Invitational. After three days of play, the Ocean Springs native Avery Weed came out on top yet again!

After shooting 14 under par in the Blessings Collegiate Invitational, Avery Weed has won her third individual title with Mississippi State women’s golf! Her score of 14 under also marks the lowest 54- hole score in history of this invitational, with the previous record of 11 under.

This was also the first time that she shot in the 60’s all three rounds in her tournament career, making it a total of 17 rounds under 30 in her three seasons, tying the third most of any Bulldogs golfer during their career.

Weed continues to write her names in the record books and we could not be more proud of her.  Congratulations to ocean springs alum and now Mississippi State Junior, Avery Weed!





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