12/19/2024
The Fifth Circuit Court of Appeals decided on November 22, 2024 an interesting First Amendment case involving the advertising of marijuana. Here’s the facts: The State of Mississippi passed in 2022 the “Mississippi Medical Cannabis Act,” which authorized the sale and use of marijuana for certain medicinal purposes. The Act also contained substantial “restrictions on the advertising, signage, and display of medical cannabis.” Billboard advertising, for example, is prohibited.
Clarence Cocroft, the owner of Tru Source Medical Cannabis, LLC, sued the State of Mississippi, through its Commissioner of the Department of Revenue, Chris Graham. In Cocroft vs Graham, the Plaintiff argued its First Amendment rights were violated by prohibiting most forms of advertising of this product legalized by the Act, medical marijuana. The State, in turn, argued the Federal Controlled Substances Act (“CSA”) prohibits activities involving marijuana, including for medical use, nationwide.
The Fifth Circuit Court of Appeals decided on November 22, 2024 an interesting First Amendment case involving the advertising of marijuana. Here’s the facts: The State of Mississippi passed in 2022 the “Mississippi Medical Cannabis Act,” which authorized the sale and use of marijuana for certa...