This year, Californians will decide the fate of Proposition 36, a state ballot measure that seeks to increase punishments for some theft and drug possession offenses.
What’s notable about Prop 36 is that it would undo some of the key provisions from Prop 47, which Californians voted to pass in 2014 to address prison overcrowding by reclassifying some theft and drug-related offenses as misdemeanors.
Prop 36, the Homelessness, Drug Addiction, and Theft Reduction Act, may be one of the most divisive state ballot measures in 2024.
While some Democratic leaders including Gov. Gavin Newsom publicly oppose it over the concern that it would further harm Black and Brown communities, others like former Los Angeles Mayor Antonio Villaraigosa, who is running for governor, support Prop 36 in alliance with police unions and business groups.
Here’s what Prop 36 would do if passed
- Turning some misdemeanors to felonies: Under Prop 47, theft crimes such as shoplifting and burglary involving items that are valued less than $950 are classified as misdemeanors. Also all drug possessions, including fentanyl and methamphetamine, are considered misdemeanors. But Prop 36 would undo some of those penalty reductions and turn those misdemeanors into felonies, especially if a person committed similar crimes in the past. This would also mean a conviction would lead to a sentence of up to three years in county jail or state prison.
- Longer sentences: Prop 36 proposes that if a group of three or more people commit a crime together, such as flash-mob robberies that have affected retailers since the pandemic, their felony sentences can be extended by up to three years. Under Prop 36, people convicted of selling hard drugs could get a longer sentence based on the amount they sold. Unlike Prop 47, the new ballot measure seeks to require people to serve their time in prison.
Who’s supporting Prop 36
- A majority of Californians: A recent survey by Public Policy Institute of California revealed more than 70% of likely voters in California said they would vote yes on Prop 36. The figure suggests many Democratic-leading voters who may have voted to lessen crime penalties in 2014 are changing their minds. In 2023, more than 45% of registered voters in California identified themselves as Democrats.
- Democratic officials:
- Former Los Angeles Mayor Antonio Villaraigosa, who is running for governor
- Senator Dave Min, who is running for Congressional 47th District in Orange County
- San Francisco Mayor London Breed
- San Diego Mayor Todd Gloria
- Criminal justice and police organizations
- Los Angeles Association of Deputy District Attorneys
- California District Attorneys Association
- San Francisco Police Officers Association
- California Police Chiefs Association
- California State Sheriffs Association
- Small business groups. See the list here.
Who’s opposing Prop 36
Opponents call Prop 36 “extreme,” saying the measure will waste taxpayers dollars while repeating the failed “tough on drugs” approach from the 1980s and 1990s.
- Democratic leaders
- Gov. Gavin Newsom
- U.S. Senator Alex Padilla
- Los Angeles County District Attorney George Gascon
- Los Angeles County Supervisor Holly Mitchell
- Los Angeles County Supervisor Hilda Solis
- Los Angeles County Supervisor Lindsey Horvath
- California Legislative Black Caucus
- California Democratic Party
- See full list of opponents here.
