Photo by Rachel Kurzius.

Photo by Rachel Kurzius.

A man known in D.C. as the Kush God must go to jail for 60 days for violating the terms of his plea agreement, a Superior Court judge ordered on Wednesday.

The Washington Post reports that Judge Wendell P. Gardner Jr. determined that Nicholas Cunningham violated the agreement he reached with the court last March, when he pleaded guilty to two misdemeanor counts of marijuana distribution after his arrest in December 2015.

Cunningham is the owner-operator of the Kush Gods business, which offered edible marijuana from flashy cars emblazoned with large cannabis buds. He claimed he followed the letter of the law, which allows gifting but not selling by using a “donation-based” system. He told DCist back in October: “People understand the reality of the situation. Brownies are ten dollars.”

The government did not agree. “The government respects that laws have changed” in regards to marijuana, said Assistant U.S. Attorney Richard Barker in court. “But not as far as Mr. Cunningham would like to carry them.”

Cunningham received a suspended sentence of 90 days in jail for each charge, to be served consecutively, as well as one year supervised probation for each charge. During that time, Cunningham had to step away from the Kush Gods marijuana business and mobile app, and he was barred from engaging in any marijuana-related transactions, whether or not he received payment.

The prosecution argued that Cunningham did not adhere to his probation terms, and continued his involvement in the Kush Gods business, even boasting about it on social media. He had plans for a new “vape and ride” service called “Kush n Go” in August.

According to the Post, “Cunningham’s attorney argued that his client’s previous attorney misinformed him of the details of the plea deal and that Cunningham was ‘coerced’ into accepting the agreement or risk having his vehicles confiscated by police.”

When reached over the phone, Cunningham’s previous lawyer, Matt Von Fricken, declined to comment.

According to the Kush Gods Twitter account, though, the “mobile weed dispensary” is still open today.

Since the Kush Gods fleet first hit the D.C. streets, a number of other businesses have emerged that ostensibly sell other goods and then “gift” the customer some marijuana.

Filed Under: d.c. court, initiative 71, kush god, kush gods, marijuana, weed,