FLINT (WJRT) - (03/03/17) - A Flint city council member will be spending the next few weeks in the Genesee County Jail.
Wantwaz Davis was sentenced Friday on a drunken driving charge. Back in October, he said something in court that complicated matters. He told Judge David Goggins he ate some food with marihuana in it. Goggins told him five months ago he had to stay away from alcohol and drugs.
"Mr. Davis honestly admitted to the court he is a medical marihuana patient and that he had been consuming edible for his condition. We stand by the argument and the fact that he is immune under the Medical Marihuana Act from any penalties," said Bruce Leach, Davis' attorney.
In February, Davis pleaded guilty to a reduced charge of operating while impaired. Friday was sentencing day.
Michigan State Police say Davis crashed his car on I-69 near I-75 on Sept. 3. No other cars were involved. He originally told troopers someone with a gun had been chasing him. He refused to take a breathalyzer test and was taken to jail to get a blood test.
At Friday’s sentencing, Goggins ordered Davis to pay $1,000 in fines and costs. He also sentenced him to spend 30 days in the county jail, minus two days for time served. He will be allowed to leave the jail for his job. Davis also received one year of probation and must submit to random drug and alcohol testing.
Leach says Davis was not happy to hear he faced jail time. While Goggins did not say if the marihuana use was a factor in the sentence, Leach says it shouldn't be.
"The Medical Marihuana Act is designed to provide protections for the medical use of marihuana. This case, it came about in a roundabout way. Ultimately, he is protected by the Medical Marihuana Act," Leach said.
Leach says right now, Davis does not plan to appeal the sentence.