The owner of a Mississippi medical marijuana dispensary has filed a federal lawsuit challenging state regulations that he claims infringe on business owners’ rights by prohibiting advertising. Clarence Cocroft II opened Tru Source Medical Cannabis in Olive Branch following the state’s legalization of medical marijuana for individuals with debilitating conditions in 2022. He asserts that marketing restrictions imposed by the Mississippi Department of Health have severely hampered his ability to attract customers.
Cocroft’s attorneys argue that these restrictions violate the First Amendment. In a lawsuit filed in the U.S. District Court for the Northern District of Mississippi, they contend that business owners are being deprived of their right to engage in truthful commercial communication about their legal services. “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.”
Legal Challenges and State Regulations
Represented by the Institute for Justice, Cocroft is suing leaders from the state’s Department of Health, Department of Revenue, and Alcoholic Beverage Control Bureau. The lawsuit posits that Mississippi’s stringent advertising prohibitions are more restrictive than those in neighboring states, such as Arkansas, Louisiana, and Alabama, which also limit dispensary marketing.
According to Cocroft’s legal team, the regulations prevent him from advertising in any media, including newspapers, magazines, television, radio, and even billboards he owns. “The First Amendment does not allow a state to completely censor a legal business,” said attorney Katrin Marquez. “If it is legal to sell a product, it is legal to talk about that product.”
Impact on Mississippi’s Cannabis Industry
Mississippi law permits patients to purchase up to 3.5 grams of cannabis per day for up to six days a week. While the state allows dispensaries to display appropriate signs on their properties and showcase their products on websites, the Health Department has broad authority over advertising, which results in a blanket ban on marketing.
