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.
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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 dip its toe into the legalization of marijuana, but, instead, had to dive headfirst into it?”
In a statement Tuesday, Cocroft maintained that Mississippi’s regulations violate the First Amendment rights of businesses. He plans to appeal the decision to the 5th U.S. Circuit Court of Appeals.
Background on Mills
Bar Recognizes Judge Michael P. Mills for Judicial Excellence
Judge Mills attended Itawamba Community College and the University of Mississippi, where he received his Bachelor’s degree. He obtained his Juris Doctorate from the University of Mississippi School of Law before completing an LLM at the University of Virginia School of Law. Judge Mills began his law practice in Aberdeen, Mississippi. He served in the Mississippi House of Representatives (serving District 21 Itawamba and Monroe counties) from 1984 to 1995. While serving in the Mississippi legislature, he was appointed as Chairman of the House Judiciary “A” Committee.
In 1995, Governor Kirk Fordice appointed Judge Mills to the Mississippi Supreme Court, where he served for five years. In 2001, President George W. Bush nominated him for a federal district judgeship, and the United States Senate confirmed him in 2001. Judge Mills served as Chief Judge for the Northern District of Mississippi from 2007 to 2014.
Judge Mills has published a collection of short stories and essays titled Twice Told Tombigbee Tales in which he recounts in good humor and with much fondness many of the memorable and charismatic Mississippi characters he has met over the years. He has also written several legal articles published by the Mississippi Law Journal.
https://www.msbar.org/news/bar-recognizes-judge-michael-p-mills-for-judicial-excellence/
