JACKSON, Miss. — A federal judge has dismissed a lawsuit filed by the owner of a medical marijuana dispensary who sued Mississippi over state regulations that he says censor business owners by preventing them from advertising in most media.
In a Monday ruling, U.S. District Judge Michael P. Mills said he agreed with Mississippi’s argument that since the possession of marijuana remains illegal under federal law, it is not a “lawful activity,” and therefore does not enjoy the constitutional protections granted to some forms of commercial speech.
After Mississippi legalized medical marijuana for people with debilitating conditions in 2022, Clarence Cocroft II opened Tru Source Medical Cannabis in Olive Branch, Mississippi. But he says he has struggled to reach customers because the state has banned medical marijuana businesses from advertising in any media.
Mills said unraveling Mississippi’s restrictions on marijuana advertising would be a “drastic intrusion upon state sovereignty.”
“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