By Donna A. Westfall – August 31, 2024

How is it that people wonder about crime spiraling out of control when they voted to increase theft from $400 to $950 before it’s considered a felony?

Businesses are closing with record speed because they are sick and tired of dealing with thefts and hardly anything being done about it.

But thanks to some politicians and law enforcement, Prop 36 is on this November’s ballot. Here’s the skinny on it and I would urge a YES vote.

California Proposition 36,

Drug and Theft Crime Penalties and Treatment-Mandated Felonies Initiative

California Proposition 36, the Increase Drug and Theft Penalties and Reduce Homelessness Initiative (#23-0017), is on the ballot in California as an initiated state statute on November 5, 2024.

A “yes” vote supports making changes to Proposition 47 approved in 2014, including:

• classifying certain drug offenses as treatment-mandated felonies;
• increasing penalties for certain drug crimes by increasing sentence lengths and level of crime;
• requiring courts to warn individuals convicted of distributing illegal drugs of their potential future criminal liability if they distribute deadly drugs like fentanyl, heroin, cocaine, and methamphetamine; and
• increasing sentences for theft based on the value of the property stolen.

A “no” vote opposes this initiative that makes changes to Proposition 47 (2014), thereby maintaining certain drug and theft crimes as misdemeanors.

The initiative would increase penalties for certain drug crimes by increasing sentence lengths and level of crime. The initiative would also add fentanyl to the list of drugs (cocaine, heroin, and methamphetamine) that would warrant a felony charge if an individual possesses one of the listed drugs and a loaded firearm. The punishment for this crime is up to four years in prison. Currently, possessing fentanyl and a loaded firearm is punishable by up to one year in jail.

The initiative would also increase sentences based on the quantity of certain drugs sold illegally. The initiative would also require individuals who receive increased sentences because of this to serve their entire sentence in state prison regardless of their criminal history.[1]

The initiative would increase penalties for certain theft crimes. For crimes where money or property worth $950 or less is stolen, the initiative would make the crime punishable as a felony for individuals who have two or more prior theft-related convictions. The initiative would make the punishment up to three years in jail or prison depending on their criminal history. Currently, it is punishable by up to six months in jail. The initiative would also increase sentences based on the amount of property stolen.

SUPPORTERS:

Political Parties

• Republican Party of California

Corporations

• Target
• Walgreens
• Walmart, Inc.

Unions

• California District Attorneys Association
• California Police Chiefs Association
• California Retailers Association
• California State Sheriffs’ Association

Organizations

• American Petroleum and Convenience Store Association
• California Business Roundtable
• California Correctional Peace Officers Association
• California Grocers Association

OPPOSITION:

Opponents

Officials

• Assembly Speaker Robert Rivas (D)

Political Parties

• California Democratic Party

Organizations

• ACLU of Northern California
• Action for Safety and Justice
• Anti-Recidivism Coalition
• Civil Rights Corps
• Disability Rights California