Proposition 36 - Drug and Theft Crime Penalties Reform

VOTE YES

Summary:

Proposition 36 proposes harsher penalties for repeat offenders of theft and drug-related crimes, including reclassifying misdemeanors—such as theft under $950—as felonies for individuals with prior convictions. It also increases penalties for fentanyl trafficking and establishes longer sentences for organized theft (e.g., smash-and-grab crimes). Additionally, Proposition 36 introduces a treatment-focused felony classification for repeat drug offenders, offering them rehabilitation opportunities. Courts would also be required to warn drug dealers that if their actions lead to someone’s death, they could face murder charges.

Why We Strongly Support Proposition 36:

Proposition 36 seeks to correct the failures of Proposition 47, a law spearheaded by leaders like George Gascón, which drastically weakened penalties for low-level theft and drug crimes. Under Proposition 47, theft under $950 was downgraded to a misdemeanor, resulting in an explosion of retail theft that hit small businesses the hardest. Many small business owners, who already operate on tight margins, could not absorb the costs of repeated thefts, leading to store closures, job losses, and increased prices for consumers. Retailers were left vulnerable, unable to prosecute habitual offenders who took advantage of the system.

Proposition 36 addresses these gaps by restoring accountability. By allowing prosecutors to reclassify theft as a felony for repeat offenders and introducing harsher punishments for organized crime, it creates a deterrent against the kinds of “smash-and-grab” operations that have become rampant. Furthermore, with fentanyl trafficking emerging as one of the most dangerous criminal enterprises in California, Proposition 36 ensures that those trafficking in these lethal drugs will face severe consequences, including potential murder charges if their actions result in fatalities.

This measure is not just about punishing criminals but also offers a balanced approach by providing a path to rehabilitation for drug offenders. By requiring mandatory treatment for certain drug crimes, Proposition 36 seeks to address the root causes of drug addiction while maintaining public safety. It offers a critical correction to the destructive effects of Proposition 47, which allowed criminals to repeatedly exploit lenient penalties, devastating businesses and communities.

Proposition 36 is a necessary step toward protecting small businesses, restoring order, and making California’s communities safer.