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Practice areas

Cannabis Law, Business/Corporate, Criminal Defense, Land Use/Zoning

Focus areas

Arrest & Arraignment, Assault & Battery, Business Organizations, Contracts, Criminal Domestic Violence, Criminal Fraud, Criminal Law, Drug & Alcohol Violations, Expungement, False Accusations, Felony, Juvenile Delinquency, Misdemeanor, Motor Vehicle Offenses, Murder, Probation, Sex Offenses, Theft

Jessica C. McElfresh, practicing under McElfresh Law, Inc., boasts a decade-long involvement in cannabis law and policy from 2010 onwards. Her expertise spans various aspects, such as local and state applications, land utilization, regulatory adherence, and business law. She’s a staunch representative of a diverse clientele within the cannabis sector, including retailers, distributors, cultivators, manufacturers, testing laboratories, ancillary businesses, and landlords. Jessica’s accomplishments include skillfully guiding clients through the application process in locales like the City of San Diego, Encinitas, La Mesa, and San Diego County.

Notable contributions of Jessica encompass the creation and counsel of several local regulations and ballot initiatives aimed at overseeing cannabis enterprises, including instances like Measure U in La Mesa, Measure V in Lemon Grove, and Measure H in Encinitas. Her record features triumphs at both local and appellate levels, securing writs of mandate to compel compliance with petitions and voter signature counting by local authorities and registrars of voters.

An additional facet of Jessica’s practice involves her representation of individuals confronting disciplinary actions or the potential loss of state and local licenses, primarily within the cannabis industry. Her career began in criminal defense, an area she still engages in selectively. She possesses distinct experience with the crime-fraud exception to attorney-client privilege and the responsibilities of attorneys facing investigations or criminal charges. Her contributions extend to educational engagements concerning ethical considerations within cannabis law, encompassing issues like conflicts of interest, business partnerships with clients, and the termination of representation.

Outside her legal work, Jessica ardently advocates for cannabis and wider drug policy reforms. She holds a position on the advisory board of A New PATH, an organization dedicated to advancing therapeutic drug policies over punitive ones. She has also served as a consultant for the American Civil Liberties Union Foundation of Northern California, providing insights into how Proposition 64 influences criminal justice reform and individual rights. Her involvement extends to leadership roles within the International Cannabis Bar Association, including the Chair of its Professional Responsibility and Ethics Committee, as well as the upcoming Chair of its Continuing Legal Education Committee.

Jessica’s upbringing in San Diego culminated in a summa cum laude graduation from Scripps College, which preceded her attendance at the University of San Diego School of Law with a Dean’s Honor Scholarship. She is a respected speaker at conferences and continuing legal education programs hosted by organizations like the National Cannabis Industry Association Business Summit & Expo, Practicing Law Institute, International Cannabis Bar Association, San Diego County Bar Association, and the University of San Diego School of Law. One of her notable publications is titled “Attorney Ethics and Cannabis: Conflicts of Laws, Conflicts of Interest, and Attorney-Client Privilege for Cannabis Practitioners” (CLA Real Property Journal Vol. 38, No. 4 2020).

Jessica has been recognized as a Rising Star by Super Lawyers from 2017 to 2021. Her practice spans California, and she holds admissions to various U.S. District Courts, the U.S. Court of Appeals for the 9th Circuit, and the Supreme Court of the United States.

Acknowledged by peers, Jessica has attained a “Superb” rating from Avvo and has secured a place on the American Institute of Legal Counsel’s list of the “10 Best” attorneys in California. She actively participates in multiple legal associations, including the National Association of Criminal Defense Lawyers, the Louis M. Welsh Inn of Court, and the International Cannabis Bar Association.

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