Jessica C. McElfresh

McElfresh Law, Inc.

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Jessica is a Life Member of the National Association of Criminal Defense Lawyers. Life Membership recognizes a demonstrated commitment to criminal defense and the mission of the National Association of Criminal Defense Lawyers.

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Biography

Jessica C. McElfresh of McElfresh Law, Inc. has worked in cannabis law and policy and criminal defense since 2010.  She represents clients in state and federal court for offenses including homicide, arson, embezzlement, and weapons charges.  Seventy-five percent of her cases have resulted in dismissals, no charges filed, or reductions to misdemeanors or infractions.  Jessica represents people facing discipline or loss of state and local licenses, particularly in the cannabis industry. 

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 gained this experience after being charged with several felonies alongside medical cannabis clients in 2017 in a case that garnered national attention.  Jessica 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 an advisory board member for A New PATH, an organization dedicated to promoting therapeutic rather than punitive drug policies.  Jessica 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. 

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, International Cannabis Bar Association, State of Cannabis, California NORML, San Diego County Bar Association, and University of San Diego School of Law.  Jessica serves as an Executive Editor to the Real Property Journal of the California Lawyers Association.  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).

Education

  • Undergraduate: Scripps College, B.A., 2005
  • Law School: University of San Diego, J.D., 2009

Bar Information

Southern, Central, Eastern, and Northern Districts of California; Ninth Circuit Court of Appeals; Supreme Court of the United States

Practice Areas

  • Controlled Substances
  • Corporate Compliance
  • Federal Practice
  • Forfeiture
  • Juvenile Defense
  • Mental Health Defense
  • Sex Crimes
  • White Collar Crime

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