Drug Felonies committed on or after October 1, 2013 will no longer be classified under the same system utilized for non drug related felonies, which has six classes of felonies ranging from the most serious (1) to the least serious (6), but rather under a distinct system for drug felonies. Drug felonies will be divided into four levels, each distinguished from one another by the applicable penalties. The least serious, DF4, will carry a penalty of six months to a year. DF3 will carry a penalty of two to four years. DF2 will carry four to eight years, whereas a DF1 will carry eight to thirty two years. A person convicted of a DF2, DF3, or DF4 may receive a probationary sentence, although a person convicted of a DF1 would need to serve at least the eight year minimum mandatory sentence in the department of corrections.
Drug possession misdemeanors also are being reclassified, and will either be Level I, or Level II, with Level I punishable by 6 to 8 months, and Level II punishable by 0 to 12 months.
Possession of ketamine or any schedule I or II substance will constitute a DF4, Possession of any schedule III or IV or V substance will contact a Level 1 Misdemeanor.
These new classifications are not retroactive, and will not apply to cases initiated prior to October, 2013.