Medical marijuana businesses in Mississippi don’t have the right to advertise on billboards or other places because marijuana itself remains illegal under federal law, an appeals court says.
The owner of a medical marijuana dispensary argued that the First Amendment protects the right to advertise because Mississippi law permits the sale of cannabis products to people with debilitating medical conditions. The state enacted its law in 2022.
A three-judge panel of the 5th U.S. Circuit Court of Appeals on Friday rejected the arguments about advertising. They cited the federal Controlled Substances Act, which since 1970 has prohibited the manufacture, distribution, dispensing, and possession of marijuana.
The federal law applies in all states, and Mississippi “faces no constitutional obstacle to restricting commercial speech relating to unlawful transactions,” the judges wrote.
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