A federal choose has thrown out a lawsuit filed by the proprietor of a medical marijuana dispensary who sued Mississippi over state laws he says censor enterprise house owners by stopping them from promoting in most media retailers.
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Mississippi medical hashish promoting ban prevents small dispensary from attracting clients, proprietor says in federal lawsuit
A federal choose has dismissed a lawsuit filed by the proprietor of a medical marijuana dispensary that he sued Mississippi on state laws that he says censor enterprise house owners by stopping them from promoting in most media.
In a ruling Monday, U.S. District Choose Michael P. Mills stated he agreed with Mississippi's argument that since possession of marijuana stays unlawful beneath federal legislation, it isn’t a “authorized exercise”, and subsequently doesn’t benefit from the constitutional protections granted to some. enterprise speech types.
After Mississippi legalized medical marijuana for folks with debilitating circumstances in 2022, Clarence Cocroft II opened Tru Supply Medical Hashish in Olive Department, Mississippi. However he says he struggled to succeed in clients as a result of the state he forbade medical marijuana corporations from promoting in any media.
Mills stated overturning Mississippi's restrictions on marijuana promoting could be a “dramatic intrusion on state sovereignty.”
“That is very true contemplating the truth that by legalizing marijuana to any diploma, the Mississippi Legislature has gone additional than Congress itself has been keen to go,” Mills wrote. “Given this truth, on what foundation would a federal courtroom inform the Mississippi Legislature that it didn’t have the proper to dip its toe into the legalization of marijuana, however as an alternative needed to dive headfirst into it?”
In a press release Tuesday, Cocroft argued that Mississippi's laws violate companies' First Modification rights. He plans to attraction the choice to the fifth US Circuit Court docket of Appeals.
Supply: https://www.coastreporter.web/cannabis-news/mississippi-restrictions-on-medical-marijuana-advertising-upheld-by-federal-judge-8152632
Background on Mills
Bar acknowledges Choose Michael P. Mills for judicial excellence
Choose Mills attended Itawamba Neighborhood School and the College of Mississippi, the place he obtained his Bachelor's diploma. He earned his juris doctorate from the College of Mississippi Faculty of Regulation earlier than finishing an LLM on the College of Virginia Faculty of Regulation. Choose Mills started his legislation apply in Aberdeen, Mississippi. He served within the Mississippi Home of Representatives (serving District 21, Itawamba and Monroe counties) from 1984 to 1995. Whereas serving within the Mississippi legislature, he was appointed chairman of the Home Judiciary “A” Committee.
In 1995, Governor Kirk Fordice appointed Choose Mills to the Mississippi Supreme Court docket, the place he served for 5 years. In 2001, President George W. Bush nominated him for a federal district judgeship, and the USA Senate confirmed him in 2001. Choose Mills served as Chief Choose for the Northern District of Mississippi from 2007 to 2014.
Choose Mills printed a set of quick tales and essays titled Twice Instructed Tombigbee Tales through which he tells in good humor and with nice affection most of the memorable and charismatic characters of Mississippi that he has met over time. He additionally wrote a number of authorized articles printed by the Mississippi Regulation Journal.
https://www.msbar.org/information/bar-recognizes-judge-michael-p-mills-for-judicial-excellence/
