Court rules against medical marijuana advertising in Mississippi
- A three-judge panel rejected the argument that advertising medical marijuana is protected under the First Amendment.
- The court cited the federal Controlled Substances Act, which prohibits marijuana in all states.
- The decision poses challenges for medical marijuana businesses in Mississippi, limiting their ability to reach customers.
In Mississippi, a federal appeals court recently supported the state's ban on advertising medical marijuana. This ruling arose from a lawsuit filed by a dispensary owner who contended that the ban violated First Amendment rights, given that Mississippi law allows the sale of cannabis for medical use. The court referenced the federal Controlled Substances Act, which categorically prohibits marijuana's manufacture and distribution, leading them to reject the claim that the state faced a constitutional barrier to limiting advertising for what is still a federally illegal substance. The Mississippi attorney general's office hailed the ruling as a defense of reasonable advertising restrictions aimed at preventing unlawful transactions. While the court's decision has been praised for addressing public safety concerns, it has left cannabis businesses like the plaintiff's struggling to draw customers and promote their offerings, despite the state allowing limited forms of promotion such as social media usage and event sponsorships.