The U.S. Supreme Court recently declined to hear a case regarding Mississippi’s restrictions on medical cannabis advertising, upholding a ruling from the U.S. Fifth Circuit Court of Appeals. This decision indicates that, due to the federal illegality of cannabis, arguments presented by plaintiff Clarence Cocroft—a medical cannabis business owner—asserting violations of First Amendment rights do not apply to the marketing of medical cannabis.
Henry Crisler, executive director of the Mississippi Medical Marijuana Association, expressed mixed feelings about the Supreme Court’s choice, noting disappointment that the case was not heard. However, he also acknowledged the potential risk of the court’s involvement negatively impacting the state’s medical cannabis program. “I do think that this is not the end of the road for them. I am sure they will continue this effort, this fight,” he stated. Crisler hopes the state will eventually ease the restrictions on advertising and marketing.
Mississippi Medical Cannabis Program Overview
Mississippi established its medical cannabis program during the 2022 Legislative Session, with the first dispensaries opening in January 2023. The program is regulated by both the Mississippi Department of Revenue and the Mississippi State Department of Health, which oversee the licensing and operation of medical cannabis businesses.
A significant aspect of the program includes stringent advertising regulations, essentially restricting medical cannabis companies to their own websites, social media, and storefront signage. They are permitted to hold public events, sponsor advocacy and charity events, and list their names in phonebooks and business directories. Crisler mentioned that his organization plans to collaborate with regulators to explore potential changes to allow for expanded advertising opportunities.
Desoto County Redistricting Developments
In other legal news, a federal three-judge panel approved a revised redistricting proposal for Desoto County, affirming that four districts in the region will be redrawn, including the creation of a Black-majority district. This follows a lawsuit filed in December 2022 by the NAACP and other voters, which argued that the 2022 redistricting process diluted Black voting power in violation of federal law.
The panel’s decision allows for the establishment of two new Black-majority districts with no incumbents. However, the court did not accept the original plan submitted by the Legislature for Desoto County, leading to a revised proposal from the State Board of Election Commissioners. While both proposals were found to remedy the dilution of Black voting power, a debate ensued over the required percentage of Black voters necessary to ensure effective representation.
Ari Savitzky, an attorney with the American Civil Liberties Union representing the plaintiffs, remarked on the court’s acknowledgment that both proposals were sufficient to address the original issues of voting power dilution. He emphasized the importance of considering various factors beyond merely choosing the strongest plan for Black voters.