Medical marijuana businesses in Mississippi are barred from advertising on billboards and other platforms, as an appeals court affirms that cannabis remains illegal under federal law. A dispensary owner contended that the First Amendment safeguards advertising rights due to state legislation permitting cannabis sales for those with severe medical conditions. This law was enacted in 2022.
Court Ruling and Federal Law
A three-judge panel from the 5th U.S. Circuit Court of Appeals dismissed the advertising appeal, referencing the federal Controlled Substances Act, which has prohibited marijuana-related activities since 1970. The judges emphasized that Mississippi, like all states, is not constitutionally impeded from regulating commercial speech associated with illegal transactions.
State Support for Advertising Restrictions
The Mississippi Attorney General’s office welcomed the ruling for sustaining “Mississippi’s reasonable restrictions on advertising for medical marijuana dispensaries,” as stated by spokesperson MaryAsa Lee. Clarence Cocroft II, who runs Tru Source Medical Cannabis in Olive Branch, filed a lawsuit in 2023 to challenge the ban on advertising across various media.
Challenges Faced by Business Owners
Cocroft expressed that maintaining the advertising ban complicates efforts to attract potential customers and inform the public about Mississippi’s medical marijuana program. He remains determined to pursue legal avenues so that his enterprise receives equitable treatment alongside other legal businesses in the state.
Legal Advertising Options Permitted
While advertising restrictions remain in place, Mississippi allows medical marijuana businesses to operate websites and social media accounts, where they can provide information regarding retail locations and available products. Businesses are also permitted to be listed in directories and utilize specific branding related to cannabis.
Next Steps in Legal Proceedings
Cocroft is represented by the Institute for Justice, a libertarian law firm. The firm announced plans to evaluate further legal actions, potentially seeking a full court review or appealing to the Supreme Court. Attorney Ari Bargil noted that it is inconsistent for Mississippi to create a legal framework for medical marijuana sales while simultaneously relying on unenforced federal law to limit dialogue about the industry.