About Jessica C. McElfresh
Attorney Jessica McElfresh delivers the legal guidance and advocacy it takes to thrive in California’s cannabis industry. As a successful defense attorney, Jessica was at the forefront of marijuana legalization in California, and uses that passion and skill to represent people at all stages of the state’s legitimate marijuana market. From retail cannabis dispensaries, large cultivators, testing facilities, delivery services, investors, and marijuana entrepreneurs, Jessica provides individuals and cannabis businesses with what they need to flourish. This includes full service legal assistance with formation, zoning, regulatory compliance, licensing, land use, employment, and everything in between.
Why Cannabis?
Even as a young lawyer, Jessica never saw the cannabis industry as something that needed to be normalized. Instead, her work focused on highlighting how normal it already was.
She saw the government waste, how the current laws violated people’s rights, and wanted to be part of building something new.
Jessica was a breath of fresh air in the lawyers we interviewed. She was pleasant, all business, with a no nonsense approach to strategies we could take.”
Education
- Juris Doctor, University of San Diego School of Law
- Bachelor of Arts in Spanish Literature, Scripps College
Bar Admissions
- State Bar of California
- Southern District of California
- Central District of California
- Eastern District of California
- Northern District of California
- Ninth Circuit Court of Appeals
- Supreme Court of the United States
Memberships
- Louis M. Welsh American Inn of Court
- San Diego County Bar Association
- National Association of Criminal Defense Lawyers
- California Public Defenders Association
- National NORML Legal Committee
- NORML Women’s Alliance
- Criminal Defense Bar Association of San Diego
- Member, National Cannabis Industry Association
- Member, California Cannabis Industry Association
- Board of Directors, International Cannabis Bar Association
Speaking Engagements
- International Cannabis Bar Association: 2019 Cannabis Law Institute Ethics Panel on the Crime-Fraud Exception to Attorney-Client Privilege
- International Cannabis Bar Association: 2019 Cannabis Law Institute Panel on Cannabis Licensee Regulatory Proceedings and Enforcement Actions
- Real Propertry Law and Cannabis Law Symposium: Keynote Speaker – Ethics in Cannabis Practice
- DRI Cannabis Law Seminar: Cannabis, Conflicts, Crime-Fraud Exception—and More Ethical Issues
How Clients Benefit
We meet every challenge with experience, knowledge and an eye on achieving the goal.
Whether you need a license or help with contracts, zoning, or compliance, at McElfresh Law, you’ll have all the resources and advantages of a full-service cannabis law firm.
Straightforward & Clear Legal Advice
A Highly-Detailed & Attentive Approach
Aggressive Protection of Your Investment
Sound Business Development Plans
McElfresh Law: Our Cannabis Buisness Services
Local Zoning Permit
- CA State Licensure
- Local Cannabis Business Permits
- Product Warning, Labeling & Packaging
- Lab Testing Requirements
- Distribution & Delivery Criteria
- California Truth in Advertising Standards
- Agency Interaction (BCC, CDFA, CDTFA, CDPH)
- Site Inspections & Record Audits
- Enforcement Actions & Administrative Discipline
- Standard Operating Procedures
- POS Reporting /Sale Tracking
- Security & Surveillance
- Ongoing Regulatory Consults
- Regulatory Actions & Appeals
- Challenging State, Local, & Administrative Decisions
- Public & Community Relations
- State & Local Ballot Initiatives
Litigation & Risk Assessment
- Liability Evaluation & Risk Management
- License Agreements & Enforcement
- Cease and Desist Letters & Responses
- Full Commercial & Regulatory Litigation Action & Defense
Corporate Formation & Financing
- Marijuana Business Plan Analysis
- Business Formation & Incorporation
- Cannabis Businesses: Purchase/Sale Agreements
- Corporate Governance
- Operational Plans
- Commercial Contracts
- Partnership Agreements
- Investor Agreements
- Mergers & Acquisitions
- Real Estate Transactions
- Cannabis Industry Banking Procedure
- Cannabis Taxation Issues
Employment
- Staff Training
- Employment Policies
- Nondisclosure Agreements
- HIPPA & California Consumer Privacy Act
Environmental & Land Use
- Zoning & Planning
- Special Permitting & Conditional Use
- Commercial Real Estate & Leasing
- Landlord-Tenant Disputes
- Construction & Building Requirements
- Waste Management and Procedures
- Water Usage & Rights
- Soil & Cultivation Issues
- Alternative Energy Usage and Planning
Cannabis Election Efforts & Advocacy
Attorney McElfresh has also authored and advised on ordinances and ballot measures to regulate cannabis businesses at the local level, including Measure U in La Mesa and Measure V in Lemon Grove. She is an advisory board member for A New PATH, an organization dedicated to promoting therapeutic rather than punitive drug policies, as well as Measure H in Encinitas. 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.
Outside of her law practice, Jessica is an advocate for cannabis and broader drug policy reform. Jessica has also 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. She is a proud member of the International Cannabis Bar Association’s Professional Responsibility and Ethics Committee.
She regularly lectures on the ethical considerations in a cannabis law practice, and speaks at conferences and law schools including the National Cannabis Industry Association Business Summit & Expo, International Cannabis Bar Association, California NORML, San Diego County Bar Association, and University of San Diego School of Law.
Media Coverage
Biden Pardons Thousands In Federal Prison For Simple Possession of Marijuana
Oct. 14, 2022 – President Biden recently pardoned thousands in federal prison for simple possession.
10News San Diego Interview: New Law Could Protect Employees’ Marijuana Use Away From Job
Sept. 22, 2022 – Attorney Jessica McElfresh appeared on the news to explain why Assembly Bill 2188 is a step in the right direction to protect employees’ jobs if they’re using marijuana off the clock, medically or recreationally.
Law360 Coverage: Pot Attys Org. Enters ABA Debate on Money Laundering Rules
Feb. 16, 2022 — As the International Cannabis Bar Association Chairperson, attorney Jessica McElfresh joined others from the INCBA in a letter written to the American Bar Association, warning against proposed changes to the ethical guidelines around money laundering.
See more media coverage