Washington, DC Cannabis Company Sues City, Demanding Return of $750,000

A Washington, DC cannabis company called Mr. Nice Guys DC recently sued the city for seizing more than $750,000 in cash in raids in 2021.

Mr. Nice Guys DC co-owners Damion West and Gregory Wimsatt are demanding justice for money seized by police. “I will be a voice for the people who don’t have a voice,” West told News4. “I will not tolerate this. We haven’t done anything wrong. We are operating in a gray area that they created and all we want is our money back.”

“Like, where is the justice? They come in, kick in our door, mug us, you know, take our money,” Wimsatt said.

In August 2021, police raided two Mr. Nice Guys DC pharmacies. The lawsuit describes the raid in more detail, showing how police “stole $67,000 and destroyed two ATMs in the store while searching the Ninth Street location. A spokesman for the Metropolitan Police Dept. (MPD) of DC said three people were arrested at the store and charged with possession with intent to distribute marijuana and possession with intent to distribute a controlled substance. The U.S. Attorney for the District of Columbia elected not to prosecute those arrested,” the lawsuit reads.

The case against Mr. Nice Guys DC was dropped, but the co-owners never got their money back. “The Defendant District of Columbia DC Police Department (MPD) routinely and unlawfully holds cash seized from individuals who have been arrested — many of whom have never been charged with a crime — for months or even years past the point beyond which the government may have an ongoing legitimate interest in withholding the money without providing a procedure to challenge that withholding,” the lawsuit states.

“It was nearly $800,000 in product and cash. What we specifically asked for in this case was just the cash. This does not include loss of damage to the product. We’ve had other situations where they actually banned us from our location,” Wimsatt explained.

The co-owners’ attorney, Charles Walton, told the Washington Post that the main objective of the lawsuit is to recover the confiscated cash. “DC Police have not returned the confiscated money after the investigation was completed and related criminal charges were withdrawn or dismissed,” Walton said. “Our goal is for them to produce the information about the chain of custody of that money and just hand it back.”

Cannabis dispensaries operate in a gray area in Washington DC. Adult cannabis is legal as voters approved it back in 2014, and possession, home cultivation and gifting are allowed. Because of the “Harris driver” (named after Rep. Andy Harris), a congressional driver included in the 2014 omnibus law prevents sales from being legal. To get around this, local pharmacies like Mr. Nice Guys DC sell non-cannabis items and customers receive cannabis as a “gift” with purchase.

In August 2022, the Washington, DC Alcoholic Beverage Regulation Administration announced that it would be inspecting unlicensed cannabis businesses. Inspections were delayed through September, creating more uncertainty about the future of these companies.

Fortunately, medical cannabis patients remain a focus for Washington, DC Mayor Muriel Bowser, who signed legislation in July allowing patients to self-certify for a cannabis prescription instead of waiting for a doctor’s recommendation. “We’ve made it a priority over the years to build a more patient-centric medical marijuana program, and this legislation builds on those efforts,” Bowser said. “By bringing more medical marijuana patients into the legal marketplace in a timely manner and doing more to level the playing field for licensed medical marijuana providers, we know we can protect residents, support local businesses and bring clarity to the community.”

On Oct. 20, Bowser also signed legislation allowing tourists to self-certify for medicinal cannabis as well. With this new law, tourists can get a 30-day registration to shop at pharmacies when visiting the nation’s capital.