In a recent legal development, a federal court has ruled against a medical marijuana dispensary owner’s lawsuit challenging Mississippi’s advertising restrictions for cannabis businesses. The lawsuit, brought forth by Clarence Cocroft II, owner of Tru Source Medical Cannabis in Olive Branch, Mississippi, United States contested state regulations that limit medical marijuana businesses from advertising in a wide array of media outlets. Cocroft argued that these limitations infringe upon the constitutional rights to free speech for businesses within the legal cannabis sector.
U.S. District Judge Michael P. Mills, presiding over the case, supported Mississippi’s stance, highlighting that marijuana’s illegal status under federal law excludes it from certain constitutional protections typically afforded to commercial speech. This decision comes despite Mississippi’s move to legalize medical marijuana for individuals with severe conditions in 2022, a legislative step that Cocroft believed would bolster his business’s outreach efforts. However, state-imposed advertising bans have significantly hampered his ability to communicate with potential customers.
Judge Mills emphasized the importance of respecting state sovereignty, especially given that Mississippi’s legislature has already ventured beyond federal policy by legalizing medical marijuana to any extent. He questioned the appropriateness of a federal court mandating a full-scale embrace of marijuana legalization by the state, considering the existing federal prohibition.
In response to the court’s ruling, Cocroft, backed by the Institute for Justice, a libertarian nonprofit law firm, announced his intention to appeal the decision to the 5th U.S. Circuit Court of Appeals. Cocroft’s challenge is rooted in a firm belief in protecting the rights of cannabis industry participants to openly advertise their legally sanctioned businesses. He contends that the state’s stringent advertising restrictions are in direct violation of the First Amendment.
The lawsuit specifically targeted the Mississippi Department of Health, Department of Revenue, and Alcoholic Beverage Control Bureau, criticizing the prohibition on advertising through newspapers, magazines, television, radio, and even billboards owned by the dispensary. The state does permit dispensaries to place signs on their premises and to showcase their products on their websites, but all other forms of advertising or marketing are barred by the Health Department, a policy Cocroft’s legal team argues is unconstitutional.
This legal battle unfolds against the backdrop of broader discussions on marijuana’s legal status in the United States. While President Joe Biden has taken steps towards reform by pardoning individuals convicted of marijuana possession on federal lands, the substance remains classified as a controlled substance at the federal level. This classification gives states like Mississippi discretion to regulate cannabis advertising, a point underscored by Judge Mills’ ruling. Cocroft remains steadfast in his commitment to challenge these regulations, asserting that the issue transcends his personal business interests and touches on fundamental rights within the cannabis industr
