Photo by Rachel Kurzius.
Updated with details from the court filing.
Mr. Kush God is not going to let his arrest stop him from healing the nation, he tells DCist.
“I’m not really worried about it too much,” says Nicholas Cunningham, known to DCist readers as Mr. Kush God. D.C. Police arrested him, as well as associate Evonne Lidoff, last night while they were at the 800 block of H Street NW. They were each charged with distribution of marijuana, and both pled not guilty in court yesterday.
Police recovered $1,532, 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, according the police report.
“The [cars] might be seized until my court date, but I’m thinking of buying a new one,” Cunningham says. As for the $1,532, he says that, “We were having a good day, but some of that money isn’t from Kush Gods.”
The cars are emblazoned with enlarged images of marijuana buds and the lettering “Kush Gods,” along with a now-defunct phone number. They parked on some of D.C.’s busiest corridors—U Street, Adams Morgan, Chinatown—and offered edibles to passersby.
Initiative 71, which legalized marijuana, does not allow for its sale; Congress has repeatedly blocked D.C. from enacting a system to tax and regulate it. But Cunningham skirted the rules by having a donation-based system. He told DCist back in October that, “People understand the reality of the situation. Brownies are ten dollars.”
Police began looking into Kush Gods in October, three months after the business came to the District. Assistant Police Chief P.J. Newsham says the impetus for the investigation was “numerous complaints about the blatant sales of marijuana in our streets.” In October, an undercover officer started purchasing weed-laden brownies and gummies from Cunningham, according to a charging document first obtained by NBC 4.
The undercover agent also purchased a plastic bag allegedly containing marijuana from Cunningham, according to the charging document.
“It was entrapment,” Cunningham says. “He was the only guy I helped out like that, but I never asked for money. [The police] set it up to make it happen, but I never gave him an amount to pay me so they don’t have a case. I feel like I’m gonna beat this case”
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.
Cunningham says that he saw police following him yesterday, and they arrested him after the undercover agent came by.
Now, he wants to rebuild. “We’re going to do things a little differently,” he says. He’s considering a form where people sign off that they’re choosing to donate, for instance.
That might not be enough, though. “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.”
Cunningham’s next court date is January 28, 2016. Until then, the court ordered him to stay out of Chinatown and the U Street Corridor.
Cunningham says that all of the ensuing media attention from his arrest could be good for business. “We’ve got to patch some things up, but you’re still talking about me and the business. When I got out, [media] were sitting there with cameras and stuff, like I’m Obama.”
Rachel Kurzius