I understand there is a new law released in August 2009 regarding probation, that it is not mandatory for a first felony offense? No prior record. Charge is possession with intent to sell 40> of marijuana. This is my son's first offense (he is 24 years old).

While this really isn't a question, just because probation isn't mandatory does not mean it won't be ordered anyway. Or jail. All a law like that does is give the judge more discretion in dealing with cases such as this.