California Passes Proposition 36, Imposing Harsher Penalties for Retail Theft and Drug Offenses
California voters have approved Proposition 36, a ballot measure designed to impose stricter penalties for retail theft, property crimes, and drug offenses, reversing parts of a 2014 law that downgraded certain non-violent felonies to misdemeanors. The 2014 measure, which reduced penalties for thefts under $950 in value and some drug offenses, has been widely criticized for contributing to the rise in crime across the state.
Proposition 36 aims to address California’s homelessness and drug crisis by enhancing penalties for repeat offenders and drug dealers. It has drawn bipartisan support, including endorsements from law enforcement agencies, business groups, and politicians like San Francisco Mayor London Breed and San Jose Mayor Matt Mahan.
Key provisions include longer prison sentences for drug dealers and the creation of a court-mandated drug treatment system. The measure introduces a “treatment-mandated felony” category, which offers drug offenders the option of a treatment program in lieu of jail time, according to the LA Times. Additionally, judges will now warn fentanyl dealers that they may face murder charges if their drugs result in a fatal overdose.
Retail theft offenders are also more likely to face felony charges under the new law.
California’s Legislative Analyst’s Office estimates that Proposition 36 will cost the state tens of millions of dollars and likely increase the state’s prison population. However, proponents argue these costs are justified to curb crime and restore order.
“The voters recognize that Prop 36 is a sensible measure and that it will be the first step in stopping the retail thefts that make shopping miserable,” said former state assembly member Mike Gatto, according to The Guardian.
