Updated: Birmingham’s newest council member expresses remorse for 2003 marijuana charge – Breaking News from The Birmingham News – al.com
New Birmingham City Council member Johnathan F. Austin during a press conference today says he has no plans to resign despite revelations Tuesday that he had pleaded guilty in 2003 to a misdemeanor marijuana charge.Council members learned Tuesday of Austin’s history, but Council President Carole Smitherman said she doubted the charge rose to the level of moral turpitude, a standard for barring officials from office. She said the council would investigate the conviction and meet soon with its lawyer.
Austin, 29, was selected by the council to represent District 5, filling a seat formerly held by William Bell, who joined the Jefferson County Commission last month. The council did not do criminal background checks on the applicants for the seat, she said.
Court records show Austin was arrested Jan. 25, 2003, after a traffic stop in Tuscaloosa for speeding. Tuscaloosa County Sheriff’s deputies found a pipe, about a half ounce of marijuana and a set of scales. Austin was charged with possession of marijuana and possession of drug paraphernalia. He pleaded guilty to second-degree possession of marijuana and possession of drug paraphernalia. He was placed on two years’ probation and received a 90-day suspended sentence after he agreed to attend court-ordered drug and alcohol treatment classes.
Austin said he no longer uses marijuana.Austin will serve until the term expires in October. He said he then plans to run for a full term on the council.
As I read the comments on the Birmingham News website, there was a lot of discussion about the scales in Austin’s possession. Some people said it was so obvious Austin was dealing because he had scales. Often prosecutors will hold that possession of the scales proves intent to distribute. Austin probably pleaded guilty as part of a deal to avoid a more serious distribution charge.
Many readers commented in reply that plenty of cannabis consumers keep scales to make sure the black market dealer they are purchasing from isn’t trying to short them. I’d want to know what kind of scales we’re talking about – if they are those little pocket counterweight clip-to-the-baggie jobs for eyeballing an eighth, they’re certainly not intended for career pot dealing. If they are those accurate-to-a-microgram triple-beam balances, then maybe you have a better argument.
Regardless, it was 2003, he went through the judicial system, successfully completed probation and state-sanctioned brainwashing drug and alcohol classes. This story highlights that morality is the strongest reason for cannabis prohibition. He never spent a day in jail and has been a model citizen since, and that’s still not enough for the anti-drug prudes. That he used the demon weed is enough to suspect his nefarious intents on the Birmingham City Council over the next ten months!
It’s also a good reminder to tokers everywhere – think about whether you really want to own scales. If you’re buying a $50 eighth and it’s shy half a gram, you’re out $2.55 ($50 / 3.54 g = $14.10/g vs. $50 / 3.00 g = $16.66/g). If you were paying 5.1% sales tax on your $50 purchase, it would be $2.55 anyway. That’s $2.55 instead of a tacked-on distribution charge if you’re ever caught with that scale.
I was wondering if someone was going to check my math. As I read it for the Stash, it did not seem correct.
If you’re paying $50 for an eighth (3.54369039g), you are spending $14.1095848 per gram (call it $14.11). So, you’d think that if you were ripped off by 1/2 gram, that would be 1/2 of $14.11, or about $7.05 you were ripped off.
But you can’t figure it that way. If you paid $50 for 3 grams, then paid another $7.05 for another half gram, you just spent $57.05 on an eighth, right? $57.05 into an eighth comes out at $16.0990362 (call it $16.10)
Here’s the way to figure it. If you spent $50 on an eighth that was really three grams, you just spent $16.67 per gram. Had you spent $50 on a true eighth, it would cost you $14.11 per gram. Therefore, you got overcharged $2.56 per gram.
But that’s where I messed up. If I was going to continue this line of reasoning, then being off a half gram should be $1.28. Ah, yes, but that’s not just an overcharge on the one half gram you’re missing, it’s also an overcharge on the six half grams you’re holding.
So, the way to figure it correctly is this: If I spent $50 on three grams, the price is $16.67 per gram. If I spend that to get my actual 3.54369039 grams, it would have cost $59.0733188 (call it $59.07), So you’re out $9.07.
I think.
Whatever it is, it is not worth the cost of a distribution charge tacked on to your possession charge.
Oh, and it should go without saying, but weigh your weed without the baggie…
You’re actually out $2.55 per gram, not altogether; with a 3 gram bag costing $50, somebody is pinching between $7.06 and $7.65 (depending on how you do your math). My advice would be to keep your scales at home! Or, if you buy from someone who pinches you often or inconsistently, have them weigh it in front of you. Don’t like those options? Buy from someone else! There’s no lack of cannabis distributors in this country.