JACKSON, Miss. (AP)—An appeals court has ruled that medical marijuana firms in Mississippi are not allowed to advertise on billboards or other locations because marijuana is still illegal under federal law.
The proprietor of a medical marijuana shop contended that since Mississippi law allows the selling of cannabis products to individuals with incapacitating medical conditions, the First Amendment safeguards the freedom to promote. In 2022, the state passed its legislation.
The 5th U.S. Circuit Court of Appeals’ three-judge panel dismissed the advertising claims on Friday. They referenced the federal Controlled Substances Act, which forbade the production, sale, distribution, and possession of marijuana starting in 1970.
According to the judges, Mississippi has no constitutional barriers to limiting commercial communication about illegal transactions because federal law is applicable in all states.
On Monday, the state attorney general’s office received an email requesting comment.
Olive Branch, in northern Mississippi, is home to Tru Source Medical Cannabis, which is run by Clarence Cocroft II. In 2023, he filed a lawsuit against the state to overturn its prohibition on advertising medical marijuana on billboards, in print, radio, or social media, as well as through bulk email or text messages.
Finding potential clients and educating people about Mississippi’s medical marijuana program are made extremely difficult by upholding this restriction, Cocroft said in a statement on Monday. I’m determined to keep fighting for my company to be recognized the same as any other legitimate company in Mississippi.
The Institute for Justice, a nonprofit libertarian legal practice, represents Cocroft. The firm stated on Monday that it is thinking about what to do next in the matter, which might include appealing to the Supreme Court or perhaps asking the whole appeals court to revisit the issue.
According to Ari Bargil, an attorney with the Institute for Justice, Mississippi cannot simultaneously establish a whole market for the sale of medical marijuana and rely on an unenforced federal prohibition that forbids purchasers and sellers from discussing it.
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