Sale, offering for sale, or possessing with intent to sell, deliver, distribute, cultivate, prescribe, administer, deliver, distribute, dispense, or compound marijuana is a level three drug felony. Possession with intent to sell, sale, or offering for sale marijuana within 1,000 feet of school property is a level two drug felony. Possession of cocaine, amphetamine, methamphetamine, opiates, and narcotic drugs are treated as a level four drug felony for a first conviction, a level two drug felony for a second conviction, and a level one drug felony for a second or greater conviction. Sale, offering for sale, possessing with intent to sell, deliver, distribute, cultivate, prescribe, administer, distribute, dispense, or compounding of cocaine, amphetamine, methamphetamine, opiates, and narcotic drugs are punishable as a level three drug felony for a first offense, a level two drug felony for a second offense, and a level one drug felony for a second or greater offense. Conviction for possession with intent to sell, sale, or offering for sale of these drugs is punishable as a level two drug felony.
Felonies are punishable by prison incarceration, unless probation is granted.
A sentencing grid is utilized in sentencing for drug felonies, with a more severe level one drug felony mandating greater incarceration and with a level four drug felony resulting in less incarceration. Eligibility for probation is determined by a person s prior criminal record and the crime severity level, with presumptive probation being provided to level four drug felons who have one non-person felony or less. All convicted drug felons with a prior one person felony or greater or with a prior level one or two drug felony are presumed to be incarcerated. It is customary that some sort of education or treatment program is made a condition of probation. Anonymous classes is also customary.