On November 5, 2024, California voters approved Proposition 36 by a commanding 70.6% to 29.4% margin, making significant changes to how theft and drug crimes are prosecuted in the state. If you’re wondering how this impacts you or your business, you’re not alone. This new measure essentially reverses some of the effects of Proposition 47 (2014), which had reclassified many theft and drug offenses as misdemeanours to alleviate prison overcrowding.
While supporters of Prop 36 celebrated the win, critics voiced concerns over its potential to restart the cycle of mass incarceration and prison overcrowding that led to Prop 47 in the first place. In this blog, we’ll dive into what Prop 36 is, how it changes the landscape of crime in California, and why it matters to you. Let’s break it down.
What is Proposition 36?
Proposition 36 redefines the way theft and drug possession crimes are handled in California. The core of the measure lies in reclassifying some misdemeanor offences as felonies. Here’s what it does:
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Reclassifies Theft Crimes: If you steal more than $950 in goods, it’s still a felony, but Prop 36 now makes it a felony if you have two or more prior convictions for theft-related crimes like shoplifting, carjacking, or burglary.
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Stronger Sentences for Repeat Offenders: For repeat offenders or gang-related thefts, the law enhances the sentence by adding up to three additional years in prison if three or more people are involved in the crime.
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Drug Offenses: While Prop 47 reduced most drug possession charges to misdemeanours, Prop 36 aims to send those convicted of serious drug crimes—like fentanyl trafficking—to state prison, rather than local jails.
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New “Treatment-Mandated Felony”: For those charged with drug possession, there’s now an option for treatment. If the offender doesn’t contest the charges, they can complete drug rehabilitation in lieu of prison time. However, failure to finish the rehab could lead to a three-year prison sentence.
Why Was Prop 36 Needed?
The push behind Prop 36 stems from increasing concerns over rising crime, particularly shoplifting and commercial burglaries. Supporters argue that Prop 47, which was designed to reduce incarceration rates, led to unintended consequences. As retailers, law enforcement, and prosecutors saw crime spike—especially in big cities like Los Angeles and San Francisco—they sought a way to rein in what they viewed as a failure in criminal justice reform.
According to a Public Policy Institute of California study, while commercial burglaries had decreased, reported shoplifting incidents in 2023 reached their highest levels since 2000. This shift was blamed on Prop 47’s provisions, which had made certain thefts less likely to result in felony charges.
By passing Prop 36, voters essentially responded to these concerns, siding with the law-and-order approach that seeks to hold repeat offenders accountable.
The Arguments for and Against Prop 36
Like most controversial ballot measures, Prop 36 has passionate supporters and detractors. Here’s a breakdown of both sides of the debate.
The Case for Prop 36
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Deterrence of Crime: By reclassifying theft and drug crimes as felonies, Prop 36 increases the penalties for repeat offenders, which supporters believe will act as a stronger deterrent.
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Crime Reduction: Retailers, especially big-box chains, argue that smash-and-grab crimes, shoplifting, and organized retail theft have spiralled since Prop 47, and this new law will provide the legal framework to fight back.
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Prison System Reform: Supporters contend that the measure focuses on putting dangerous criminals away for longer, while still offering opportunities for those caught in the cycle of addiction and minor crimes to seek treatment.
The Case Against Prop 36
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Mass Incarceration: Critics, including nonprofit groups and some politicians like Governor Gavin Newsom, fear that Prop 36 could reignite the problem of prison overcrowding, which prompted Prop 47 in the first place. They warn that treating drug addiction through incarceration, rather than rehabilitation, is a regressive approach that won’t address root causes.
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Impact on Vulnerable Communities: Advocates argue that Prop 36 disproportionately impacts communities of colour and those already struggling with poverty and homelessness. Many see this as a way to push people back into the prison system instead of providing necessary rehabilitation.
What Does This Mean for California?
California is at a crossroads when it comes to criminal justice reform. While Prop 47 was an attempt to reduce the state’s reliance on incarceration, Prop 36 signals a shift toward a more punitive approach to crime, particularly theft and drug-related offenses. If this measure sticks, we may see:
- Higher incarceration rates for repeat offenders of theft and property crimes.
- A potential increase in demand for drug rehabilitation services.
- A more robust law enforcement response to retail crimes, including organized retail theft.
This shift will have significant consequences for businesses, law enforcement, and vulnerable populations in California. While Prop 36 aims to restore public safety, the long-term effects on the criminal justice system will remain to be seen.
Key Takeaways
- Proposition 36 reclassifies certain misdemeanours as felonies, particularly theft and drug possession crimes.
- Supporters argue it’s necessary to combat rising theft rates and drug crimes, while critics warn it could lead to mass incarceration and disproportionately affect disadvantaged communities.
- The Prop 36 victory reflects a larger trend toward law-and-order policies, despite concerns over the balance between reform and punitive justice.
