Mississippi Medical Cannabis Advertising Ban Challenge Declined by US Supreme Court

Earlier this week, the US Supreme Court decline to hear a challenge involving Mississippi’s medical cannabis advertising ban (1). Led by Clarence Cocroft, owner of Tru Source Medical Cannabis, he expressed in a statement how (2), “Tru Source is tucked away in an industrial park with no foot traffic and hardly any vehicle traffic, so not being able to advertise has been truly detrimental to finding customers.” Cocroft added, “I was hoping the Supreme Court would hear our case so my business could be treated just like any other legal business in the state of Mississippi.” Cocroft argued that due to this ban, his first amendment right of free speech was violated (1,3).

Mississippi legalized medical cannabis in 2022. In 2023, Cocroft opened Tru Source Medical Cannabis. Not long after getting started, he soon found out that the Mississippi Department of Health (DOH) had “broad authority” over the regulation of advertising. The DOH placed a blanket ban which prevents dispensaries from “advertising and marketing in any media,” (2).

With the US Supreme Court not hearing the case, the ruling from the 5^th Circuit Court of Appeals will be upheld. This states that Cocroft does not “have a First Amendment right to advertise his dispensary because cannabis is outlawed under federal law,” (1).

“We’re disappointed that the Court declined to hear this case and make it clear that if a product is legal to sell, then it is legal to advertise,” said IJ Senior Attorney Ari Bargil, in a statement (1,2). “The First Amendment protects the right of people to speak truthfully about their legal businesses. Mississippi has created an entire legal marketplace permitting the sale of medical marijuana, but it is censoring state-licensed dispensaries who want to talk about it.”

“Even though the Supreme Court declined to hear this case, we remain committed to fighting battles to protect commercial and other forms of speech in courts throughout the country, so that every person who runs a legal business is able to talk truthfully about it,” said IJ President and Chief Counsel Scott Bullock (1,2).

USA TODAY reported that Mississippi “waived its right to respond to Cocroft’s request that the Supreme Court hear his appeal,” (3). The Magnolia State prevents cannabis from being advertised on social media, newspapers, email lists, billboards, and television (3).

“An outright ban on all medical cannabis advertising,” said the Institute for Justice’s Katrin Marquez, (3) “serves no legitimate public purpose.”

References

1. Branfalt, T. U.S. Supreme Court declines to hear challenge to medical cannabis advertising Ban - Ganjapreneur https://www.ganjapreneur.com/u-s-supreme-court-declines-to-hear-challenge-to-mississippi-medical-cannabis-advertising-ban/ (accessed May 8, 2025).
2. Suderman, P. Supreme Court declines to hear case challenging Mississippi’s Medical Marijuana Advertising Ban - Institute for Justice https://ij.org/press-release/supreme-court-declines-to-hear-case-challenging-mississippis-medical-marijuana-advertising-ban/ (accessed May 8, 2025).
3. Groppe, M. A fight over marijuana ads in Mississippi hits the Supreme Court https://www.usatoday.com/story/news/politics/2025/05/05/supreme-court-case-medical-marijuana-advertising/83414632007/ (accessed May 8, 2025).