Federal Judge Upholds Mississippi’s Restrictions on Medical Cannabis Advertising

A federal judge dismissed a lawsuit Jan. 22 brought by a medical cannabis dispensary owner who argued that Mississippi’s advertising regulations unfairly censor medical cannabis business operators.

Clarence Cocroft II, owner of Tru Source Medical Cannabis in Olive Branch, Miss., claimed his business has struggled to reach potential customers due to the state’s rules that prohibit medical cannabis businesses from advertising in any form of media, ABC News reported. He filed the lawsuit against the Mississippi Department of Health, Department of Revenue and Alcoholic Beverage Control Bureau.

In Monday’s ruling, U.S. District Judge Michael Mills sided with the state, which argued that since cannabis remains illegal under federal law, it is not a “lawful activity” and therefore does not receive the same constitutional protections given to other forms of commercial speech, according to ABC News.

Mills said in his ruling that forcing Mississippi to relax its restrictions on medical cannabis advertising would be a “drastic intrusion upon state sovereignty,” the news outlet reported.

“This is particularly true considering the fact that, by legalizing marijuana to any degree, the Mississippi Legislature has gone further than Congress itself has been willing to go,” Mills wrote. “In light of this fact, on what basis would a federal court tell the Mississippi Legislature that it was not entitled to dip its toe into the legalization of marijuana, but, instead, had to dive headfirst into it?”

Mississippi Gov. Tate Reeves signed a medical cannabis legalization bill into law in February 2022, and dispensaries began opening for commercial sales in early 2023.

While state regulations allow dispensaries to place “appropriate signs” on their properties and display information about their product offerings on their websites, rules issued by the Department of Health bar retailers from advertising or marketing their business or products “in any media,” ABC News reported.

Cocroft continues to argue that these regulations are unconstitutional. He told ABC News that he plans to appeal the decision to the 5th U.S. Circuit Court of Appeals.

“I’m prepared to fight this fight for as long as it takes,” Cocroft said. “This case is bigger than me and my dispensary—it is about defending the right of everyone to truthfully advertise their legal business in the cannabis industry.”