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

Jessica has authored or advised on nearly ten local 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. 

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.  

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 is a former Chair of the International Cannabis Bar Association’s Professional Responsibility and Ethics Committee and its Continuing Legal Education Committee, and a former member of its Board of Directors.  Jessica has spoken at conferences and taught continuing legal education classes for organizations and law schools including the California Lawyers Association, Practising 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).

Joslin Monahan is a trial and appellate litigation attorney experienced in municipal, real estate, business, receiverships, adversarial bankruptcy, and land use and zoning litigation. Ms. Monahan has a robust, full-service cannabis law practice serving individuals and companies that grow, produce, distribute and sell a wide variety of goods and amenities.
Cannabis Law

Ms. Monahan is a recognized authority in emerging cannabis law matters, including entity formation, applicant requirements and background checks, and licensing with Michigan’s Cannabis Regulatory Agency as well as municipal licenses, permits and ordinances. She counsels business interests in the cannabis industry, which encompasses marijuana, industrial hemp and CBD. Ms. Monahan has helped with financing structures, real property use, insurance coverage, dispute resolution, and regulatory compliance.

Beginning in 2012, Ms. Monahan served as Cooperating Attorney with the ACLU of Michigan in the critical decision making process supporting the decriminalization of the possession and use of marijuana in Grand Rapids. Ms. Monahan continues to be a vocal advocate for social justice issues, with particular emphasis on ensuring participants within the cannabis space create opportunities for persons of color wherever possible. The Michigan Supreme Court denied further review of the signature case in 2015, affirming the Michigan Court of Appeals 2013 dismissal of the prosecutor’s lawsuit. This case helped pave the way for the eventual vote legalizing cannabis for recreational use in a statewide ballot in 2018.

Ms. Monahan is a member of the International Cannabis Bar Association (INCBA) and the State Bar of Michigan’s Marijuana Law Section.

Articles and Presentations

Ms. Monahan is a frequent speaker on various cannabis and litigation related topics, including presentations on licensing, professional ethics, hemp regulations, and FDA compliance.

Professional Affiliations, Activities, and Honors

Ms. Monahan is Chair of the Western Branch of the ACLU of Michigan (6/2015 – Present) as well as a member of the Western Branch of the ACLU of Michigan (6/2014 – Present). She is also a member of the Lawyers Committee for the Western Branch of the ACLU of Michigan (10/2013 – Present).

Education

Ms. Monahan was awarded her law degree from the University of Maryland Francis King Carey Law School in 2007. While in law school, Ms. Monahan was a member of the Journal of Health Care Law and Policy and a member of Phi Delta Phi. Ms. Monahan also received her Masters of Arts degree in Philosophy from the University of Montana in 2003, where she was the recipient of the University of Montana Philosophy Department full scholarship teaching assistantship. She obtained her B.A., summa cum laude, from Hope College in 2000 where she was awarded the Hope College Presidential Scholarship and was a member of Phi Beta Kappa.

Ms. Monahan is admitted to practice in the State of Michigan, the United States District Court for the Western District of Michigan, the State of Montana, the United States District Court for the District of Montana, United States Bankruptcy Court for the District of Montana, and the United States Court of Appeals for the Ninth Circuit.