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Mississippi, Medical Cannabis Advertising and the First Amendment

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Mississippi’s Initiative 65

Easily one of the biggest legislative surprises of the 2020 was the passing of Mississippi’s Initiative 65, a medical cannabis bill with an extensive qualifying conditions list. In arguably the reddest and most socially conservative state in America — where only one Democrat has served as Governor since 1992, and where Republicans have a considerable majority in both houses of the Legislature — 69 percent of Mississippians gave Initiative 65 a landslide victory.

It’s worth noting that this bill passed in a state where the governor called the implementation of medical cannabis a “liberal” ballot created by “stoners” — despite it being very hard to believe that 70 percent of Mississippians are stoners, much less liberal stoners at that. A medical cannabis bill passing by a margin that substantial is undeniable proof in the very present support for at least medical cannabis expansion among Republicans remains on solid footing.

Since early 2023, medical cannabis has been available for qualifying patients in Mississippi and has sold over $35 million in its first year of sales and there are over 180 licensed dispensaries throughout the state. From Corinth all the way down to Biloxi, there are plentifully stocked dispensaries that are ready to serve the public.

Although medical cannabis is readily accessible for Mississippians who qualify, the state’s industry is still facing the continuous issues that always seem to arise over properly marketing and advertising either a cannabis brand or store. Partially due to the federal status and the stringent policies of nearly every major social media platform, digital marketing strategies for fully licensed and compliant cannabis companies are extremely limited. Because of these restrictions, cannabis brands and dispensaries are finding both success and reliability in their advertising through non-digital means, those being print magazine advertisements and more notably, highway billboard advertisements.

Advertising for Cannabis Businesses

Still though, the troubles surrounding proper advertising persist. Recently, the ruling of a federal judge in Mississippi has made advertising for cannabis businesses within the state even more difficult. Back in November, the owner of the Olive Branch-located medical cannabis dispensary Tru Source, Clarence Cocroft II, filed a federal lawsuit against numerous departments in Mississippi challenging the strict regulations that put lawfully operating cannabis businesses at a significant disadvantage when trying to successfully advertise. The argument that Cocroft and his attorneys leaned on was that the banning of medical cannabis dispensaries from advertising in Mississippi violates the business owners’ First Amendment rights. The defendants in the lawsuit represent a number of governmental departments, from the Department of Health to the Alcoholic Beverage Control Bureau.

“All I want to do, like any other business owner, is have the opportunity to advertise. If I pay taxes in this business, which I do, I should be able to advertise,” Cocroft said at a news conference. “All I’m asking from this state is to provide us with the same liberty that they’ve provided other businesses.”

Apparently, the advertising regulations entirely prohibit the advertising of medical cannabis businesses in any medium, whether that be digital or physical. Whereas other states have either local or statewide cannabis magazines and sites that allow cannabis businesses to properly advertise, Mississippi forbids cannabis businesses to even place magazine ads according to the regulations. Worse even for the neighboring states, they also have similarly disadvantageous policies. Arkansas, Louisiana and Alabama all prohibit dispensaries from advertising through “public mediums.”

“Under the ban, Clarence can’t advertise in any media. He cannot place ads in newspapers or magazines, on television or radio, or even on billboards that he already owns,” said Katrin Marquez, one of Cocroft’s attorneys. “The First Amendment does not allow a state to completely censor a legal business. If it is legal to sell a product, it is legal to talk about that product.”

Unfortunately for Cocroft and his fellow Mississippi cannabis business owners, Judge Michael P. Mills of the United States District Court for the Northern District of Mississippi sided with the state in a late January ruling. In his ruling, Judge Mills cited the still active federal prohibition of cannabis and that due to cannabis businesses not being considered a “lawful activity”, those businesses are not rewarded the same constitutional protections that other types of commercial speech or advertising usually receive.

Mills described relaxing the prohibition of medical cannabis advertising as a “drastic intrusion upon state sovereignty” and that by legalizing medical cannabis, the Mississippi Legislature had ventured further with cannabis reform as a whole than the United States Congress. “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?” Mills rhetorically asked in his ruling.

Mississippi Court Cannabis Ruling

This isn’t the first time we have disagreed with Mississippi court cannabis ruling. And despite the lawsuit being dismissed, Cocroft remains optimistic. He plans to appeal the decision to the 5th U.S. Circuit Court of Appeals. Cocroft views this lawsuit as eventually monumental, especially if it can overturn the many stringently anti-cannabis policies that exist across almost all traditional advertising platforms and strategies. “I’m prepared to fight this fight for as long as it takes,” Cocroft said. “This case is bigger than me and my dispensary, it is about defending the right of everyone to truthfully advertise their legal business in the cannabis industry.”



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Why Weed is the Best Thing That’s Happened to Endometrosis Patients in the Last 50 Years

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cannabis for endometriosis

Endometriosis is one of the most pain conditions affecting women worldwide.

When endometriosis occurs, the endometrial tissue which normally grows inside the uterus, grows outside of it. As a result, it can attach itself to other reproductive organs in the area. In extreme cases, endometriosis can reach far beyond the reproductive area and cause serious pain and damage. The symptoms of endometriosis include sharp period pains, fatigue, pain during sex, infertility, heavy periods, and much more.

 

According to the World Health Organization, around 10% of women who are in reproductive age, have endometriosis. Unfortunately, there is no known cure, though several protocols can be integrated into a patient’s lifestyle to mitigate or reduce symptoms. Some common medications used for reducing the symptoms of endometriosis include birth control pills, hormonal injections, patches, and intra-uterine devices (IUD), to name a few. However, these may affect a woman’s chances of getting pregnant, or make infertility even worse since endometriosis can also affect fertility.


Thankfully, more women are finding success with lifestyle changes and integrating natural treatments to treat endometriosis. Along with regular exercise, weight loss among overweight women, and healthy habits, cannabis has been shown to be helpful treating this dreaded disease.


What Studies Are Saying

 

There are more studies than ever, too, proving the efficacy and benefits of cannabis for women suffering from endometriosis. In a recent study out of Germany, researchers analyzed survey data from more than 900 endometriosis patients to determine how, if any, the symptoms are impacted by cannabis.


A significant percentage of the 900 respondents acknowledged using marijuana, and most of them said that it was beneficial in helping with symptoms. “Seventeen percent of the respondents used cannabis flower strains or cannabis-related products as a self-management method,” said the researchers. “Cannabis was rated as the most effective self-management strategy to reduce symptom intensity (self-rated efficacy 7.6 out of 10). Additionally, ~90 percent of the participants were able to decrease the pain medication intake,” explained the researchers. They also noted that the participants observed the most significant benefits from cannabis in their sleep, menstrual pain, and non-cyclic pain in that order. Because of this, it’s become clear that cannabis can greatly help improve quality of life in these areas, which are otherwise affected by symptoms of endometriosis.  

 

It’s important to note that the investigators also acknowledge that existing studies on cannabis for endometriosis is limited, yet there is an increasing quantity of studies pointing to a growing trend of women self-medicating with cannabis for this condition, and seeing success!


“The use of cannabis has a significant impact on the overall well-being and quality of life of women with endometriosis,” they concluded. “The study indicates that there is a significant interest and demand for additional therapeutic options, and cannabis can potentially become an important part of a multimodal therapy approach for treating endometriosis,” said the study.

 

Another study from Australia, whose results were published earlier this year, found similar results. The data, which was published in the journal, Obstetrics and Gynecology, were taken from 192 women who were polled by Australian researchers regarding their history of marijuana consumption and endometriosis symptoms.

 

According to the findings, 63% of the poll respondents were given doctor’s authorization letters for using cannabis-based medications. In Australia, physicians are legally allowed to recommend cannabis use for patients who have had no luck treating specific conditions using conventional prescription drugs. In the study, most women were using THC-dominant marijuana products and they reported improvements when it came to sleep, pain, nausea, and anxiety.


“This study found that THC-predominant CBMPs [cannabis-based medicinal products] are commonly prescribed to Australians with endometriosis,” said the authors. “Given major issues with symptom management and the self-reported reductions in pain and other symptoms, improving access to medicinal cannabis for this population is important and timely,” they said.

 

Why Cannabis Works So Well For Endometriosis


These studies and tons of anecdotal evidence available on the internet show that cannabis is indeed safe and effective for treating endometriosis. After all, cannabis interacts with the endocannabinoid system (ECS), which plays an important role in helping us regulate pain, inflammation, and our immune response – all of which are impacted by endometriosis.

 

While there are many symptoms that cannabis can help with, one of its greatest successes has been in reducing pain. Women have found success using both high-CBD and high-THC products to reduce the severe pain that accompanies endometriosis. Likewise, the pain, discomfort, and cramping can make it difficult to get some decent sleep; marijuana can help with that too!

 

In addition, marijuana can help women’s bodies balance out hormones, since the endocannabinoid system also plays a role in hormone regulation.

 

Furthermore, women can choose from a variety of products to help treat endometriosis. While smoking or vaping is always a popular choice, there ae also edibles, topical creams, oils, beverages, and tinctures.

 

Conclusion


When looking to treat endometriosis, remember that there is no miracle cure out there. Marijuana certainly helps, but it’s not a one-size fits-all approach. Please remember to consult with a medical professional, and keep in mind that you will always have the best results if you also address other lifestyle factors as mentioned earlier.

Maintaining a healthy weight, avoiding processed and sugary food, and regular exercise are all key factors to mitigating the symptoms of endometriosis. Add cannabis to the mix, and you can now look forward to regaining a better quality of life.

 

MARIJUANA STRAINS FOR ENDO PATIENTS, READ ON…

STRAINS FOR ENDOMETRIOSIS

CANNABIS STRAINS FOR ENDOMETRIOSIS PATIENTS TO TRY FIRST!



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Amendment 3: Florida Legalization Fails

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Amendment 3, which would have legalized recreational marijuana for adults in Florida, garnered 55.8% of the vote, falling short of the 60% threshold needed to pass. While the initiative had the support of President-elect Trump, the opposing forces led by Florida Governor Ron DeSantis carried the day. Supporters may draw some comfort from the fact that a clear majority of voters supported legalization, but the fact remains that adult-use cannabis will remain illegal in the Sunshine State for the foreseeable future.

Leaving aside the fact that getting 60% of voters to agree on anything these days appears to be a tall order, Amendment 3 faced active opposition from Florida’s leadership. While themselves driven by a fundamental dislike of cannabis, Gov. DeSantis and his team deftly tapped into concerns that came from different places altogether, such as the lack of provisions for home grow and related concerns over the entrenchment of “Big Weed”.

Looking at the big picture, it is remarkable to see how much Floridians’ attitudes toward cannabis have changed in the past decade. Back in 2014, it was a medical cannabis initiative that fell short of the 60% supermajority requirement. Ten years on, a legal medical marijuana industry is well established in Florida.

Despite the progress, the experience with Amendment 3 suggests that further reliance on the initiative process is not the path forward for legalization advocates. Just getting the proposed amendment on the ballot required overcoming legal challenges from the state government, before addressing the challenge of seeking 60% of votes in the nation’s third-most populated state.

A more sensible approach might be to focus on the fact that legalization is already supported by a majority of Florida voters. For elected officials in large swathes of the state, support for legalization could be a boon. And the fact that concerns over Big Weed control helped defeat opposition to Amendment 3 presents a political opportunity, not for those who double-down on prohibition, but for those who refine approaches to legalization.

We’ll discuss the Florida result on Thursday in a free webinar (register here), along with the disappointing results in North Dakota and South Dakota, the win (for now) in Nebraska, and a few other state and local measures on cannabis regulation. Hope to see you soon.



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Reminder: Post-Election Cannabis Wrap – Smoke ’em if You’ve Got ’em

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Register Here

Join us tomorrow for a post-election breakdown: “Post-Election Cannabis Wrap – Smoke ’em if you’ve got ’em”

As the dust settles (hopefully) from the 2024 U.S. elections, the cannabis industry stands at the threshold of potentially transformative changes. Join us tomorrow November 7th at 12 PM Pacific for an engaging discussion on the ramifications of the legal landscape of cannabis, post-election. We will cover everything from the Presidential and Congressional races, to the handful of pending state ballot measure results in Florida, Nebraska, North Dakota, South Dakota, and Oregon.

Post-election Q&A webinar details:

Vince Sliwoski will guide the discussion with seasoned industry veterans Aaron Pelley and Fred Rocafort. Collectively, these experts bring a wealth of industry knowledge and experience, ensuring a comprehensive analysis of what lies ahead for the cannabis industry.

Whether you are a cannabis entrepreneur, investor, or simply keen on the future of cannabis legislation, this discussion is designed for you.

Prepare your best questions and join us for deep insights into:

  • How the election outcomes are expected to reshape federal and state cannabis policies, including with pending Schedule III proposal.
  • The potential for new market openings and business opportunities in onboarding states.
  • Strategic advice on navigating the evolving regulatory environment.

Don’t miss this opportunity to gain expert post-election insights that could redefine your strategy and operations in the coming months and years.

Register Here



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