OLIVE BRANCH, Miss. (WMC) – The owner of an Olive Branch medical cannabis dispensary has petitioned the national Supreme Court to challenge Mississippi’s ban on advertising legal cannabis businesses. Clarence Cocroft, owner of Tru Source Medical Cannabis, is taking this legal step following the ban imposed in November.
In late 2023, Cocroft filed a federal lawsuit against the ban, but the 5th U.S. Circuit Court of Appeals upheld it shortly thereafter. This legislation allows the Mississippi Department of Health to restrict dispensaries from advertising across various media platforms, including newspapers, television, social media, and billboards.
Impact on Business Operations
Clarence Cocroft expressed his frustrations: “Because of these regulations, I cannot use my own billboards to advertise my own business or inform potential customers about Mississippi’s medical marijuana program. Advertising is particularly important for my business because it is tucked away in an industrial park without any real foot or vehicle traffic.”
Cocroft’s legal representation comes from the Institute of Justice. Senior attorney Ari Bargil highlighted the state’s limitations on legal businesses in Mississippi: “The state cannot create a legal marketplace for an industry and then use unenforced federal laws to curb advertising for those businesses. If a business is legal, the owner has a First Amendment right to communicate truthfully about it.”
Previous Advertising Efforts
Prior to the ban, Cocroft utilized four billboards to promote his dispensary when adult-use medical marijuana became legal in Mississippi in 2022. Now, he is compelled to rent out his billboards to other businesses due to the advertising restrictions.
Mississippi’s advertising limitations reflect a broader trend, as neighboring states like Arkansas and Alabama also impose strict regulations on legal medical marijuana advertisements, further complicating the landscape for cannabis businesses in the region.