Weed’s Advertising Not Protected Under First Amendment While Federally Banned, Rules Judge

From NASDAQ OMX Group:

A federal judge dismissed a marijuana advertising lawsuit last week, ruling with Mississippi that marijuana, illegal federally, can’t enjoy constitutional protections. Clarence Cocroft II, owner of Tru Source Medical Cannabis, sued Mississippi regulators in November, arguing that the state’s advertising ban violates First Amendment rights.

Cocroft’s attorneys argued that Mississippi’s ban violates the First Amendment. They filed the lawsuit in the U.S. District Court for the Northern District of Mississippi. Judge Michael P. Mills ruled that cannabis, illegal at the federal level, does not have “lawful activity” status under federal law, and thus doesn’t enjoy the constitutional protections usually reserved for some forms of commercial speech.

Cocroft plans to appeal the decision to the 5th U.S. Circuit Court of Appeals. He argues that Mississippi’s rules violate the First Amendment rights of businesses. He aims to defend the right of everyone to advertise their legal business in the cannabis industry.



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