The U.S. Fifth Circuit Court of Appeals has upheld Mississippi’s ban on advertising for medical cannabis businesses.
The appeals court cited that because cannabis is federally illegal, lawsuit plaintiffs’ arguments that state laws restrict their first amendment rights do not apply to the selling and advertising of medical cannabis.
“To qualify for First Amendment protection, commercial speech must ‘at least concern lawful activity,'” The court panel wrote in its decision. “Federal law criminalizes medical (marijuana) in every state —including Mississippi. Therefore, Mississippi’s commercial-speech restrictions do not offend the First Amendment.”
Mississippi created its medical cannabis program during the 2022 Legislative Session and the first dispensaries opened in January of the following year. The program is overseen by both the Mississippi Department of Revenue and the Mississippi State Department of Health, which have respective regulatory powers over medical cannabis businesses and their licensure.
As of October, there are 45,689 active registered patients in the program. There are 31 processors, 197 dispensaries, 122 large and micro-cultivators, 24 transportation businesses and five licensed medical marijuana testing labs.
Part of the state’s regulation is a near-total advertising ban. Currently, medical cannabis business can only have their own websites, social media and store signage as an advertising method to educate people about medical cannabis. They can also hold public events, sponsor advocacy and not-for-profit charity events, have their names in phonebook and in business directories.
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Clarence Cocroft, a plaintiff in the suit and a medical cannabis business owner, said he will continue to fight for the right to advertise his business as others in the state get to.
“Upholding this ban makes it incredibly difficult for me to find potential customers and to educate people about Mississippi’s medical marijuana program,” said Clarence in an Insitute for Justice post. The institute is representing Cocroft in the suit. “I remain committed to continuing this fight so my business can be treated the same as any other legal business in Mississippi.”
In the same release, the Institute for Justice said it is considering all legal options to further challenge the state’s advertising ban. They could appeal the case to the U.S. Supreme Court or ask the appeals court to rehear the case.
As for what could be done in Mississippi, legislative action could allow for more ways to advertise medical cannabis.
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Mississippi Medical Marijuana Association Executive Director Henry Crisler said his organization would support any legislation to responsibly loosen advertising rules for medical cannabis businesses.
“Obviously, we understand that there should be restrictions on how things can be advertised because it is an illicit substance, but we think that the current regulations surrounding Mississippi’s license holders and advertising is extremely restrictive and creates issues when it comes to public awareness and education,” Crisler said.
Grant McLaughlin covers the Legislature and state government for the Clarion Ledger. He can be reached at gmclaughlin@gannett.com or 972-571-2335.
