Prop 36

Extracted Attributes

• Type

  Initiated California ballot proposition and legislative statute

• State

  California

• Purpose

  To make California communities safer by addressing rampant theft and drug trafficking, toughening penalties for fentanyl and drug traffickers and 'smash-and-grabs,' holding repeat offenders accountable, targeting serial thieves, and encouraging treatment for drug addiction.

• Supporter

  Fiona Ma, California State Treasurer

• Full Title

  Allows Felony Charges and Increases Sentences for Certain Drug and Theft Crimes

• Election Year

  2024

• Estimated Cost

  Increases local criminal justice costs, likely by tens of millions of dollars annually.

• Key Provision 1

  Increases penalty for repeat shoplifters (two or more past convictions for $950 or less in value) from a misdemeanor to a felony, punishable by up to three years in prison.

• Key Provision 2

  Allows felony sentences for certain crimes like theft or property damage to be lengthened if committed by a group of three or more people.

• Key Provision 3

  Requires sentences for certain drug dealing felonies to be served in prison.

• Key Provision 4

  Allows 'treatment-mandated felony' charges for possession of certain illegal drugs (e.g., methamphetamines, fentanyl) or for individuals with two or more past drug crime convictions; charges are dismissed upon successful treatment completion, or result in up to three years in state prison for failure.

• Key Provision 5

  Requires courts to warn individuals that selling or providing illegal drugs that result in a death could lead to murder charges.

Timeline

• Proposition 47, which reduced certain drug and theft crimes to misdemeanors, was passed in California. (Source: Wikipedia)

  2014-11-04

• Proposition 36 was passed by a landslide in the 2024 California general election. (Source: Wikipedia)

  2024-11-05

• Proposition 36 went into effect. (Source: Web Search)

  2024-12-18

• CalMatters reported that some counties were scrambling to fulfill the proposition's promise of providing mass treatment for certain drug charges due to a lack of new funding. (Source: Web Search)

  2025-02-11

2024 California Proposition 36

Proposition 36, titled Allows Felony Charges and Increases Sentences for Certain Drug and Theft Crimes, was an initiated California ballot proposition and legislative statute that was passed by a landslide in the 2024 general election and went into effect in December 2024. The proposition repealed parts of Proposition 47, passed during the 2014 general election, and amends the state constitution to increase penalties and allow felony charges for certain crimes. The proposition will allow for the authorization of the following: Increasing the penalty for repeat shoplifters (two or more past convictions) of $950 in value or less from a misdemeanor to a felony, punishable by up to three years in prison. Allowing felony sentences for certain crimes such as theft or damage to property to be lengthened if the crime is committed by a group of three or more people. Requiring that sentences for certain felonies such as drug dealing be served in prison. Allowing people convicted of possession of illegal drugs (specifically those who possess certain drugs such as methamphetamines or fentanyl or those who have two or more past convictions for drug crimes) to be charged with a "treatment-mandated felony" instead of a misdemeanor in some cases. Upon completion of treatment, charges will be dismissed. Upon failure to complete treatment, charges stand and include up to three years in state prison. Requiring courts to warn people that they could be charged with murder if they sell or provide illegal drugs (such as methamphetamines, fentanyl, heroin, and cocaine) that kill someone. This could allow for murder charges in the future if they later sell or provide illegal drugs to someone who dies.

Web Search Results

• 2024 California Proposition 36

  Proposition 36, titled Allows Felony Charges and Increases Sentences for Certain Drug and Theft Crimes, was an initiated California ballot proposition and legislative statute that was passed by a landslide in the 2024 general election( and went into effect in December 2024.( The proposition repealed parts of Proposition 47, passed during the 2014 general election, and amends the state constitution to increase penalties and allow felony charges for certain crimes.( [...] The official support statement of Proposition 36 argues that "Prop. 36 makes California communities safer by addressing rampant theft and drug trafficking. It toughens penalties for fentanyl and drug traffickers and "smash-and-grabs" while holding repeat offenders accountable. It targets serial thieves and encourages treatment for those addicted to drugs, using a balanced approach to fix loopholes in current laws."( Supporters State officials Fiona Ma, California State Treasurer( [...] Immigration advocates have expressed strong concerns about Proposition 36, arguing that it could lead to an increase in deportations of non-citizen Californians, including green card holders, DACA recipients, and refugees. The proposition reclassifies certain misdemeanor offenses, such as drug and theft, as felonies, which could have severe immigration consequences. Under U.S. immigration law, a felony conviction can be considered an "aggravated felony," which often results in mandatory

• Prop 36 - California

  PRO Prop. 36 makes California communities safer by addressing rampant theft and drug trafficking. It toughens penalties for fentanyl and drug traffickers and "smash-and-grabs" while holding repeat offenders accountable. It targets serial thieves and encourages treatment for those addicted to drugs, using a balanced approach to fix loopholes in current laws. [...] ## Official Voter Information Guide ## PROP 36 ## ALLOWS FELONY CHARGES AND INCREASES SENTENCES FOR CERTAIN DRUG AND THEFT CRIMES. INITIATIVE STATUTE. ### SUMMARY ### Put on the Ballot by Petition Signatures [...] CON Don't be fooled. Proposition 36 will lead to more crime, not less. It reignites the failed war on drugs, makes simple drug possession a felony, and wastes billions on prisons, while slashing crucial funding for victims, crime prevention, treatment, and rehabilitation. This puts prisons first and guts treatment. Vote No. ### FOR ADDITIONAL INFORMATION Back to top Back to the Top Back to top ## Propositions arrow-right ## Dates to Remember ## Voter Information Guide

• Prop. 36 promised drug treatment for CA offenses. ...

  California voters in 2024 passed Proposition 36, a ballot measure that increased sentences for certain and drug and theft offenses but also offered a clean record for people who complete treatment in lieu of incarceration. Illustration by Gabriel Hongsdusit, CalMatters In summary A key part of California’s Proposition 36 promised to direct people convicted of certain drug crimes to treatment. Some counties are straining to make that happen without new funding. [...] It’s been three months since California voters overwhelmingly approved Proposition 36, a new law that pledged to provide “mass treatment” for those facing certain drug charges. But since the law took effect on Dec. 18, some counties are scrambling to fulfill that promise. [...] Published Time: 2025-02-11T13:33:00+00:00 Prop. 36 promised drug treatment for CA offenses. Counties aren't ready - CalMatters =============== Nonprofit & Nonpartisan News X Click to share on Facebook (Opens in new window)Facebook Click to share on WhatsApp (Opens in new window)WhatsApp Image 2: Photo illustration of a gavel overlaid with blurry shadows of people

• Proposition 36 [Ballot] - Legislative Analyst's Office

  #### Requires Warning of Possible Murder Charges for Selling or Providing Drugs Proposition 36 requires courts to warn people that they could be charged with murder if they sell or provide illegal drugs that kill someone. This warning would be given to people convicted of selling or providing certain drugs (such as fentanyl, heroin, cocaine, and methamphetamine). This could make it more likely for them to be convicted of murder if they later sell or provide illegal drugs to someone who dies. [...] Proposition 36 allows people who possess illegal drugs to be charged with a “treatment-mandated felony,” instead of a misdemeanor, in some cases. Specifically, this applies to people who (1) possess certain drugs (such as fentanyl, heroin, cocaine, or methamphetamine) and (2) have two or more past convictions for some drug crimes (such as possessing or selling drugs). These people would generally get treatment, such as mental health or drug treatment. Those who finish treatment would have their [...] Increases Local Criminal Justice Costs. Proposition 36 would increase local criminal justice costs in two main ways. In total, Proposition 36 would increase local criminal justice costs, likely by tens of millions of dollars annually.

• California Proposition 36: Penalties for theft, drug crimes - CalMatters

  Ten years ago, voters approved Proposition 47, which sought to reduce California’s prison overcrowding by making some theft and drug crimes into misdemeanors. Since then, prosecutors, police and big box retailers have blamed the law for an increase in property crimes and homelessness. Prop. 36 is their attempt to unwind Prop. 47. [...] Supporters also say Prop. 36 is a good middle ground between California’s tough-on-crime days, which pushed prison capacity past its breaking point, and the last decade under Prop. 47, which they have say created “loopholes in state law that criminals exploit to avoid accountability for fentanyl trafficking and repeat retail theft.” ##### Supporters [...] Opponents say that no studies on criminal justice or homelessness support the idea that harsher punishment — or the threat of harsher punishment — prevents crime or gets people off the street. Prop. 36 will expend hundreds of millions of dollars in court and prison costs, they say, without measurably reducing crime or poverty. In the meantime, schools, health care and other essential services will go wanting.