(Courtesy of MPD)
Story updated with details from the police report, charging document, and press conference, and comment from the Medical Marijuana Advocates Group.
You’ve probably seen the cars throughout Northwest—covered in marijuana buds with the words “Kush Gods.” The Metropolitan Police Department seized the three cars last night, and arrested and charged two people with distribution of marijuana.
30-year-old Nicholas Cunningham, of Birmingham, Alabama and 18-year-old Evonne Lidoff, of Northwest, D.C. were arrested in reference to a narcotics operation in the areas of 14th and U Street NW and 8th and H Street NW, D.C. police say in a press release.
The arrest happened at the 800 block of H Street NW, according to the police report. Police recovered $1532, brownies containing THC, “multi colored gummi bears containing THC,” and 28 plastic baggies containing “green weed substance,” as well as a Mercedes Benz SUV, a Mercedes Benz Coupe/Roadster, and a Lexus Coupe. Assistant Police Chief P.J. Newsham said that police don’t know who owns the cars.
The case is pending further investigation, according to Newsham, but “there is sufficient evidence to proceed with prosecution.” He says the impetus for the investigation was “numerous complaints about the blatant sales of marijuana in our streets.”
Cunningham, the man DCist readers know as Mr. Kush God, started his Kush Gods business in D.C. five months ago. The business operates on donations to avoid violating the law. “People understand the reality of the situation. Brownies are ten dollars,” he said in October.
Mr. Kush God told DCist during that conversation that he and his workers only purvey edibles—brownies and gummies. At that point, he wasn’t worried about police. “They act how you would hope police would be,” he says. “They stick to real crimes.”
On October 13, MPD public information officer Lieutenant Sean Conboy told DCist, “We are aware of the vehicles. When we receive complaints of persons distributing marijuana illegally, we investigate. The matter you are referencing is being looked into.”
The police “have concluded that marijuana was being sold, because our investigation showed they were making a profit,” MPD public information officer Karimah Bilal said today.
According to a charging document obtained by NBC 4, an undercover police officer approached Cunningham in October about purchasing marijuana cupcakes.
Five days later, the officer texted Cunningham, and the two met in Chinatown, where the officer paid $200 for 12 brownies and a large bag of gummy bears, the document said. Police say a portion of the brownies field-tested positive for THC, the main ingredient in marijuana.
The charging document says the officer bought pot-laced foods—including more brownies, gummy bears and rice cakes—from Cunningham several times after that, as well as loose marijuana at least twice.
On Dec. 10, the officer texted Cunningham to buy more pot, and Cunningham told him to “meet his girl” to get it, according to the charging document. A woman gave him a plastic bag containing apparent marijuana from a Lexus, decorated with an image of pot leaves and the “KUSH GODS” logo, the document said.
Last DCist spoke to Mr. Kush God in mid-November, he was getting ready to speak about the business of marijuana at a nearby college and working on launching the Kush Gods app.
Marijuana advocates in D.C. have been skeptical of Kush Gods’ donation-based business strategy.
If you’re accepting cash for cannabis in DC, you’re violating the spirit of #i71. You are not #HealingTheNation but breaking the law.
— DCMJ (@DCMJ2014) October 7, 2015
“In actuality, a mandatory donation is a payment for goods,” says Alexander Pe, general counsel at the Medical Marijuana Advocates Group. “It’s plainly a financial transaction. It’s illegal. It’s unfortunate, but that’s how it is. The only actual legal sales have to come from a medical dispensary.”
Initiative 71, which legalized marijuana in the District, does not have a way to determine the quality of the marijuana. “The only way to be sure you’re getting what they say you’re getting is through the medical program,” says Pe. “Under 71, there are none of the quality controls. You’re just taking a chance.”
Multiple attempts to reach Mr. Kush God have gone unanswered.
Rachel Kurzius