A federal judge dismissed a lawsuit on January 22 brought by Clarence Cocroft II, owner of Tru Source Medical Cannabis in Olive Branch, Mississippi. Cocroft argued that the state’s advertising regulations unfairly censor operators in the medical cannabis industry. His business has reportedly faced challenges in reaching potential customers due to restrictions that prohibit medical cannabis businesses from advertising through any media, as reported by ABC News.
The lawsuit was filed against the Mississippi Department of Health, the Department of Revenue, and the Alcoholic Beverage Control Bureau. In his ruling, U.S. District Judge Michael Mills sided with the state, emphasizing that cannabis remains illegal under federal law. He stated that it is not considered a “lawful activity” and, therefore, does not receive the constitutional protections afforded to other commercial speech.
State Sovereignty and Cannabis Regulation
Judge Mills noted that requiring Mississippi to ease its advertising restrictions would constitute a “drastic intrusion upon state sovereignty.” He highlighted that the Mississippi Legislature’s decision to legalize marijuana to any extent surpasses federal legislative action. “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 had to dive headfirst into it?” Mills questioned.
Governor Tate Reeves signed a medical cannabis legalization bill into law in February 2022, and dispensaries began commercial sales in early 2023. While state regulations permit dispensaries to have “appropriate signs” on their properties and present product information on their websites, the Health Department’s rules explicitly bar any form of advertising or marketing in media.
Appealing for the Cannabis Community
Cocroft continues to assert that these regulations are unconstitutional and plans to appeal the decision to the 5th U.S. Circuit Court of Appeals. “I’m prepared to fight this fight for as long as it takes,” he 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.”
