JACKSON, Miss. — A recent ruling from an appeals court has determined that medical marijuana businesses in Mississippi are not permitted to advertise their products using billboards or other forms of public media due to the federal prohibition on marijuana. This ruling comes despite Mississippi’s own legislation legalizing the sale of medical cannabis to individuals with serious medical conditions, which was enacted in 2022.

The owner of a local medical marijuana dispensary contended that the First Amendment grants him the right to promote his business through advertising. However, a three-judge panel from the 5th U.S. Circuit Court of Appeals upheld the state’s advertising restrictions, citing the federal Controlled Substances Act. This act has made it illegal to manufacture, distribute, dispense, or possess marijuana since 1970.

According to the judges, Mississippi is not constitutionally barred from limiting commercial speech that pertains to illegal transactions. This federal law is applicable across the nation, which underpins their decision.

Clarence Cocroft II, who runs Tru Source Medical Cannabis in Olive Branch, Mississippi, initiated legal action in 2023 to contest the state’s prohibition on advertising through billboards, print media, broadcasting, social media, or mass messaging platforms.

In a statement issued Monday, Cocroft expressed his frustration, stating, “Maintaining this advertising ban makes it exceedingly difficult for me to reach potential customers and to inform the public about Mississippi’s medical marijuana program. I am dedicated to continuing this legal battle in hopes that my business will be afforded the same rights as any other lawful enterprise in the state.”

Cocroft is being represented by the Institute for Justice, a nonprofit organization focused on libertarian legal issues. They announced that they are contemplating their next legal moves, which may include petitioning the entire appeals court to revisit the case or potentially escalating it to the Supreme Court.

Ari Bargil, an attorney with the Institute for Justice, argued, “It is contradictory for Mississippi to establish a marketplace for medical marijuana while simultaneously relying on a federal law that is not enforced to silence discussion between buyers and sellers.”