Your guide to Proposition 36: Stiffer penalties for some drug and theft crimes

This measure asks voters to change parts of Proposition 47, a controversial ballot initiative passed in 2014 that turned some nonviolent felonies into misdemeanors.

Under Proposition 36, an offender with two prior convictions for theft could be charged with a “wobbler” felony regardless of the value of the merchandise, meaning a judge would retain discretion to reduce the charge to a misdemeanor. The ballot measure also allows judges to sentence convicted drug dealers who traffic in large quantities of hard drugs, including fentanyl, or who are armed with a firearm while trafficking the drugs to state prison instead of county jails. Proposition 36 also would authorize greater consequences for hard drug dealers whose sales of fentanyl kill or seriously injure a person who uses those drugs, and would authorize a judge to warn convicted dealers that they could be charged with murder in the future if someone dies as a result of the drugs they sold.

It is expected to cost the state hundreds of millions of dollars annually.

Proponents include prosecutors and law enforcement leaders, including the California District Attorneys Assn., which mostly comprises conservative prosecutors, and the California Sheriff’s Assn. Noteworthy politicians who support Proposition 36 include San José Mayor Matt Mahan and San Francisco Mayor London Breed. The California Republican Party has endorsed the measure. Also in support of the measure are Elk Grove Mayor Bobbie Singh-Allen and Sacramento County Dist. Atty. Thien Ho, who along with Mahan created a fundraising committee. As of mid-September, nearly 200 local elected officials, ranging from mayors to council members, have come out in support of the measure.

Large retailers, such as Walmart, Target and Home Depot, have been major contributors to Proposition 36.

Supporters argue that tougher criminal penalties are needed to curb theft and the rising use of fentanyl.

Gov. Gavin Newsom and top Democratic legislative leaders initially opposed asking California voters to alter Proposition 47, but then proposed their own ballot measure as an alternative to the prosecutor-led, tough-on-crime measure. They quickly withdrew that proposal, however, just days after announcing it.

Criminal justice reform groups including the American Civil Liberties Union, Vera Institute for Justice, Ella Baker Center and human rights activists have been outspoken against altering Proposition 47, saying that it will lead to an increase in the state’s prison population and the associated costs. California Attorneys for Criminal Justice, which is composed of criminal defense attorneys, has called it “draconian.” Los Angeles County Board of Supervisors cast a vote in opposition to the initiative in September.

Politics

Track the money for Prop 36: Contributions for and against increased sentences for drug and theft crimes

Retail and law enforcement organizations are donating in support of California’s Proposition 36, which would turn some misdemeanors into felonies.

Sept. 27, 2024

Walmart is the biggest supporter with $3.6 million in contributions. Other top donors include retailers such as Home Depot and Target with $1 million each and 7-Eleven and associated committees with more than $600,000. In-N-Out Burger contributed $500,000. The California Republican Party has endorsed the measure and, according to state campaign finance reports, has also spent more than $1 million. The measure has also received support from some district attorneys and law enforcement organizations.

Criminal justice reform groups and human rights activists oppose the measure. Major criminal justice reform donors include Patty Quillin with $1.5 million, Stacy Schusterman with $1 million, Elizabeth Simons and husband Mark Heising with a combined $855,000 and Quinn Delaney with $225,000. Unions representing healthcare workers and teachers are also major contributors to the opposition.