A federal appeals court has upheld Mississippi’s ban on advertising medical cannabis products, concluding that the restriction does not violate the First Amendment.
Federal Appeals Court Upholds Mississippi Ban on Medical Cannabis Advertising
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A federal appeals court last week upheld Mississippi’s ban on medical cannabis advertising concluding that the prohibition does “not offend the First Amendment” of the U.S. Constitution. In the ruling, the 5th Circuit Court of Appeals cites cannabis’ Schedule I status under the Controlled Substances Act (CSA) and rejects the plaintiff’s argument that cannabis is “effectively legal” at the federal level.
The challenge was filed by Clarence Cocroft, the owner of the Olive Branch-based Tru Source Medical Cannabis who, in a statement following the decision, said that he remains “committed to continuing this fight so my business can be treated the same as any other legal business in Mississippi.”
“Upholding this ban makes it incredibly difficult for me to find potential customers and to educate people about Mississippi’s medical marijuana program.” — Corcroft in a press release
Mississippi’s Department of Health bars medical cannabis dispensaries in the state “from advertising and marketing in any media,” including newspapers, television, magazines, social media, billboards, and email lists which leaves the business owners with only business websites covering “general information” about their businesses and signage on their own property.
The judges wrote that federal law – in this case, the CSA – applies in all states and Mississippi “faces no constitutional obstacle to restricting commercial speech relating to unlawful transactions.”
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