The US Supreme Court declined to hear a case regarding a ban on medical cannabis advertising in Mississippi.
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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 5th 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).
References
Convincing the Squares: Why Bias, Not Science, Is Holding Back Cannabis Legalization
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