California's Prop 36 Will Harshen Punishments for Some Theft and Drug Crimes

by Sammy Nishihama 

Proposition 36, titled “Allows Felony Charges and Increases Sentences for Certain Drug and Theft Crimes. Initiative Statute,” calls for the increase in punishment for crimes relating to drug and theft, specifically targeting retail theft. In 2014, Proposition 47, “Criminal Sentences. Misdemeanor Penalties. Initiative Statute,” minimized punishment for various non-violent crimes, turning certain theft and drug possession offenses into misdemeanors instead of felonies.  

Essentially, the aim of Prop 47 was to, “ensure that prison spending is focused on violent and serious offenses.” Prop 36 aims to reverse the consequences of Prop 47 and take action against retail crimes. Prop 36 will change the theft of property worth $950 or less to a felony after two or more past convictions for theft-related crimes. By doing this, the consequences for these crimes will be similar to what they were prior to Prop 47. The act will also establish new laws regarding drug possession and sales, creating harsher punishments for those who are convicted of selling drugs, and new treatment plans for those convicted of possession of certain drugs.

In 2023, shoplifting reached its highest level in 2023 at 113,916 reported cases, since 1997 where it hit 123,024 reported cases (State of California Department of Justice). Prop 36 intends to lower these numbers by increasing the punishment for various charges relating to theft. Currently, theft of items worth $950 or under is charged as a misdemeanor unless the defendant has been convicted of a prior violent crime.

Relating to the selling of narcotics, Prop 36, “requires courts to warn people that they could be charged with murder if they sell or provide illegal drugs that kill someone” (Legislative Analyst’s Office). This warning will be issued to people convicted of selling or providing drugs such as methamphetamine, fentanyl, heroine, or cocaine. As a result, it is more likely that convicted drug dealers would be convicted of murder under Prop 36 if a narcotic they sold later causes the death of another person.

Fiscal effects of Prop 36 will include increasing state and local criminal justice costs by increasing prison populations and court workloads, likely ranging “from several tens of millions of dollars to the low hundreds of millions of dollars each year” (Legislative Analyst’s Office). To do this, however, Prop 36 will cut $850 million from funding dedicated to crime prevention programs, mental health and drug treatment programs, and victim services (California Democratic Party). 

Some worry that the act’s main effect will not be preventing future theft and drug crimes, but instead that it will send the state, “back to the days of putting everyone in prison without new investments to prevent crime in the first place,” (California Democratic Party). 

California’s Proposition 36 intends to undo the negative effects of Prop 47, decreasing retail theft crimes and creating harsher punishments for various theft and drug related crimes, under certain conditions. However, many concerns about the act consider the amount of criminals that will be put into prisons, and the balance of funding for various aspects of the act. California voters have passed Prop 36 in the 2024 elections, with 70.4% of California voters voting “yes” on the act.

Sources: Legislative Analyst’s Office, California Courts (.gov), State of California Department of Justice, Eisner Gorin LLP, The Associated Press