The San Diego County District Attorney's office is encroaching on attorney-client privilege and we need your help to protect the fundamental right to have legal counsel.  In a shocking series of events that has left the legal community stunned, the DA's office has charged leading cannabis attorney Jessica McElfresh with seven felonies (six of which are conspiracy charges), stemming from a zoning inspection where she represented a client in the medical cannabis industry.  Disturbingly, these charges were filed merely weeks after a judge ordered the DA's office to return over $100,000.00 in seized assets to Jessica's client.

The San Diego County DA's Office is attacking the right to attorney-client privilege in this case. The DA's office has consistently tried to search the files of all of Jessica's clients, not merely those under investigation.  The DA's Office has attempted to justify this overreach by stating in writing that because marijuana is illegal under federal law, no client in the cannabis industry in California has the right to attorney-client privilege in California state court.  Other arguments that the DA has used to try to justify searching all of Jessica's files include that because Jessica pled not guilty in her own case, the DA needs to search all of her files for possible evidence of her knowledge about cannabis.

This case threatens the ability of lawyers to represent clients effectively, particularly in the evolving and rapidly changing marijuana industry.  If this attack on attorneys takes root, it will have a chilling effect on both criminal defense attorneys and cannabis law attorneys.  It will also be a disaster for clients, who will have to fear that law enforcement may seek to access their privileged communications with their lawyer by bringing criminal charges against their lawyer. 

Below are two recent news stories that offer further information about the case and about the effect it is having on attorneys:

Voice of San Diego - DA's Prosecution of Attorney Has Sent Chills Through Legal Community

KPBS Midday Edition

Fair Punishment Project - Criminal Prosecution of California Cannabis Attorney Raises Concerns

We are asking for your financial support in a case that will be time-consuming, complex, and fiercely fought. Here are examples of what your donation will achieve today:

$950.00 donation - Will help Jessica and her legal team to:
•    Protect attorney-client privilege
•    Stand up for Jessica's clients and for her with motions that attack this prosecution

Already, Jessica and her attorneys have submitted several briefs and attended multiple hearings to protect privilege.  The time and expense is mounting.

$500.00 donation – Will help Jessica and her legal team to:
•    Hire an investigator for interviews
•    Conduct legal research

Jessica and her attorneys need to submit briefing on several more legal challenges in the next few weeks.

$250.00 donation - Will help Jessica and her legal team to:
•     Order the court transcript for one hearing

Transcripts help Jessica and her attorneys to plan next steps and are needed after every hearing.

$100.00 donation - Will help Jessica and her legal team to:
•     Organize thousands of pages of documents

Jessica and her attorneys are already analyzing thousands of pages of initial discovery.

$50.00 donation - Will help Jessica and her legal team to:
•     Print discovery, briefs, and other legal documents

Every week brings a new round of research, printing, and other office expenses.

Jessica and her legal team will not back down. The outcome of this case will have a broad impact on attorney-client privilege that will extend beyond the cannabis legal community.  Please donate today by clicking the "Donate Now" button at upper right, and please forward this email and share this campaign on social media with everyone you know who cares about attorney-client privilege and people's right to communicate freely and confidentially with their attorney.  Thank you for your support!

Further Background:  Jessica McElfresh is an attorney in San Diego, California.  She has focused on cannabis law and criminal defense for the past seven years.  She has worked for regulation of the cannabis industry, including authoring successful local ballot measures to license medical cannabis dispensaries.  Jessica has also represented successful applicants for land-use permits for cannabis businesses throughout California.  She has represented a wide range of clients charged with felonies and misdemeanors in San Diego Superior Court.

Alongside other attorneys, Jessica represented Med-West Distribution, Highland Medical Packaging, Pacific Heights Partners, and James Slatic while the San Diego County District Attorney's Office conducted a criminal investigation of these entities and individuals following a raid of these businesses in January 2016 by the San Diego County Joint Narcotics Task Force.  After enduring nearly 16 months of investigation, Jessica's clients thought that their nightmare was ending.  To everyone's shock, the DA's Office filed charges against Slatic, four of his employees, and Jessica on May 24, 2017.  Jessica first learned she was charged with seven felonies when the Joint Narcotics Task Force served a search warrant at her home at 7:00 AM on May 24, 2017 in tactical gear with guns drawn.  Police even handcuffed her mother during the search of their home.