Mississippi Medical Marijuana Advertising Ban Upheld by Appeals Court
The 5th U.S. Circuit Court of Appeals has upheld Mississippi's ban on billboard and mass media advertising for medical marijuana businesses, citing federal prohibition under the Controlled Substances Act (CSA).
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he decision restricts advertising despite Mississippi's state law permitting medical marijuana sales for individuals with debilitating conditions.
Court’s Ruling
Federal Law Supersedes Advertising Rights: The panel ruled that Mississippi can lawfully restrict medical marijuana advertising because marijuana remains illegal under federal law, specifically the CSA, which prohibits the manufacture, distribution, and possession of cannabis.
First Amendment Challenge Rejected: The court determined that the First Amendment does not protect commercial speech promoting transactions considered illegal under federal law.
State Law and Advertising Restrictions
Under Mississippi’s medical marijuana program, businesses can:
Maintain websites or social media accounts to provide information about products and locations.
Use logos featuring cannabis imagery.
List themselves in phone books or business directories.
Sponsor nonprofit charity or advocacy events.
However, they are prohibited from advertising on:
Billboards.
Print and broadcast media.
Social media advertisements or mass communications via email or text.
Business and Legal Pushback
Plaintiff's Argument: Clarence Cocroft II, owner of Tru Source Medical Cannabis, argued that advertising restrictions hinder his ability to educate customers and grow his business. He is represented by the Institute for Justice, a libertarian nonprofit law firm.
Institute’s Position: Attorney Ari Bargil stated that Mississippi’s reliance on federal law to enforce advertising restrictions is contradictory, as the state has legalized a medical marijuana marketplace.
Next Legal Steps
The Institute for Justice is considering options, including:
Requesting a rehearing by the full 5th Circuit.
Appealing to the U.S. Supreme Court.
Implications
This decision highlights ongoing tensions between state-level cannabis legalization and federal prohibition. While Mississippi’s medical marijuana program provides a framework for legal sales, businesses face significant hurdles in marketing, affecting their ability to reach patients and compete with illicit markets.
Cocroft’s case may set a precedent for balancing commercial speech rights with federal cannabis policies, potentially influencing how other states handle similar restrictions.
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