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Federal Appeals Court Upholds Mississippi Ban on Medical Cannabis Advertising – Ganjapreneur | How to buy Skittles Moonrock online

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Wed / Dec 4th

by TG Branfalt

A federal appeals court has upheld Mississippi’s ban on advertising medical cannabis products, concluding that the restriction does not violate the First Amendment.

Full story after the jump.

A federal appeals court last week upheld Mississippi’s ban on medical cannabis advertising concluding that the prohibition does ā€œnot offend the First Amendmentā€ of the U.S. Constitution. In the ruling, the 5th Circuit Court of Appeals cites cannabis’ Schedule I status under the Controlled Substances Act (CSA) and rejects the plaintiff’s argument that cannabis is ā€œeffectively legalā€ at the federal level.

The challenge was filed by Clarence Cocroft, the owner of the Olive Branch-based Tru Source Medical Cannabis who, in a statement following the decision, said that he remains ā€œcommitted to continuing this fight so my business can be treated the same as any other legal business in Mississippi.ā€

ā€œUpholding this ban makes it incredibly difficult for me to find potential customers and to educate people about Mississippi’s medical marijuana program.ā€ — Corcroft in a press release

Mississippi’s Department of Health bars medical cannabis dispensaries in the state ā€œfrom advertising and marketing in any media,ā€ including newspapers, television, magazines, social media, billboards, and email lists which leaves the business owners with only business websites covering ā€œgeneral informationā€ about their businesses and signage on their own property.

The judges wrote that federal law – in this case, the CSA – applies in all states and Mississippi ā€œfaces no constitutional obstacle to restricting commercial speech relating to unlawful transactions.ā€

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