Jessica C. McElfresh

Jessica C. McElfresh of McElfresh Law, Inc. has worked in cannabis law and policy since 2010.  She focuses on local and state applications, land use, regulatory compliance, and business law.  She represents cannabis retailers, distributors, cultivators, manufacturers, and testing labs, as well as landlords and ancillary businesses. Jessica has guided clients through successful applications in jurisdictions such as the City of San Diego, Encinitas, La Mesa, Lemon Grove, Vista, and the County of San Diego.  

Jessica has authored and advised on numerous local ordinances and ballot measures to regulate cannabis businesses.  Successes include Measure U in La Mesa and Measure V in Lemon Grove in 2016 and Measure H in Encinitas in 2020. As part of this work, Jessica has won writs of mandate at the local and appellate level to compel local governments and registrars of voters to accept petitions and count voter signatures.

Jessica represents people facing discipline or loss of state and local licenses, particularly in the cannabis industry.  She began her career in criminal defense and continues to take select cases.  Jessica has unique experience with the crime-fraud exception to attorney-client privilege and the duties of an attorney under investigation or facing criminal charges.  She also lectures on the ethical considerations in a cannabis practice, including conflicts of interest, business partnerships with clients, and withdrawal from representation.

Outside of her law practice, Jessica is an advocate for cannabis and broader drug policy reform.  She is a former member of the board of directors of the International Cannabis Bar Association, the former chair of its Professional Responsibility and Ethics Committee, and the former chair of its Continuing Legal Education Committee. Jessica is an advisory board member for A New PATH, an organization dedicated to promoting therapeutic rather than punitive drug policies.   Jessica is an advisory board member for A New PATH, an organization dedicated to promoting therapeutic rather than punitive drug policies.  She served as a consultant for the American Civil Liberties Union Foundation of Northern California about how Proposition 64 affects criminal justice reform and individual rights. 

Jessica grew up in San Diego and graduated summa cum laude from Scripps College before attending the University of San Diego School of Law on a Dean’s Honor Scholarship.  She has spoken at conferences and taught continuing legal education classes for organizations and law schools including the National Cannabis Industry Association Business Summit & Expo, Practicing Law Institute, International Cannabis Bar Association, San Diego County Bar Association, and University of San Diego School of Law.  Her publications include “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).

She was selected as a Rising Star by Super Lawyers from 2017 through 2021.  Admitted to practice in California, Ms. McElfresh is also admitted to practice before the U.S. District Courts for the Southern, Central, Eastern and Northern Districts of California, the U.S. Court of Appeals for the 9th Circuit, and the Supreme Court of the United States.

Highly regarded by her fellow professionals, Ms. McElfresh has received a "Superb" peer review rating through Avvo. She has also been named to the American Institute of Legal Counsel's list of the "10 Best" attorneys in California. Ms. McElfresh is an active participant in several legal organizations, including the National Association of Criminal Defense Lawyers, the Louis M. Welsh Inn of Court, and the International Cannabis Bar Association.