The U.S. Fifth Circuit Court of Appeals has upheld Mississippi’s ban on advertising for medical cannabis businesses. The court ruled that, since cannabis remains federally illegal, the arguments by plaintiffs claiming violations of their First Amendment rights regarding advertising cannot be applied in the context of medical cannabis.
“To qualify for First Amendment protection, commercial speech must ‘at least concern lawful activity,’” the court stated in its decision. “Federal law criminalizes medical marijuana in every state — including Mississippi. Therefore, Mississippi’s commercial-speech restrictions do not offend the First Amendment.”
Mississippi’s Medical Cannabis Program
Mississippi established its medical cannabis program during the 2022 Legislative Session, with the first dispensaries opening in January 2023. This program is regulated by both the Mississippi Department of Revenue and the Mississippi State Department of Health, each holding distinct powers over the licensure and operations of medical cannabis businesses.
As of October, there are 45,689 active registered patients in the program, supported by 31 processors, 197 dispensaries, 122 large and micro-cultivators, 24 transportation businesses, and five licensed medical marijuana testing labs.
Advertising Restrictions and Challenges
One of the significant regulatory measures is a near-total ban on advertising. Currently, medical cannabis businesses are limited to promoting themselves through their own websites, social media, and store signage. They are also permitted to hold public events, sponsor advocacy and charity events, and list their names in phonebooks and business directories.
Clarence Cocroft, a medical cannabis business owner and plaintiff in the case, expressed his commitment to challenging the advertising ban. “Upholding this ban makes it incredibly difficult for me to find potential customers and to educate people about Mississippi’s medical marijuana program,” Cocroft stated. He is represented by the Institute for Justice, which is exploring further legal options, including potentially appealing to the U.S. Supreme Court.
Changes in legislation could enable more avenues for advertising within the medical cannabis sector. Henry Crisler, Executive Director of the Mississippi Medical Marijuana Association, indicated that his organization would support efforts to responsibly loosen advertising restrictions. “While we understand the need for limitations, the current regulations pose significant barriers to public awareness and education regarding licensed cannabis businesses in Mississippi,” he noted.