Potentially the most contentious and talked about measure before voters this year is Proposition 36, an effort to increase penalties for certain drug and retail theft crimes.
If voters approve the measure, people with at least two prior theft convictions could be charged with felonies, even if what’s stolen is less than $950.
The measure is meant to reform Proposition 47, a 2014 voter-approved measure that reduced penalties for certain theft and drug offenses. For retail theft, Prop. 47 increased the dollar from $400 to $950 for when thefts could be prosecuted as a felony. The idea was to reduce overcrowding in the state’s jails.
It also allows judges to sentence drug dealers to state prison rather than county jail if convicted of trafficking hard drugs in large quantities or possessing a firearm while trafficking drugs. Convicted drug dealers and manufacturers could also be warned that they may face murder charges if they continue to traffic and someone dies as a result.
The proposition does call for treatment plans for those who plead guilty to felony drug possessions which could result in dismissed charges.
Related: Legislators clash over how to address retail theft crimes
Prop. 36 is supported by Californians for Safer Communities, which is leading the charge. It’s also backed by the California Republican Party, San Francisco Mayor London Breed and large retailers, including Walmart.
“Over the past couple of years, our cities have been impacted by retail crime, drug-related activities and homelessness. These are priority issues our cities have been looking to address to restore their residents’ quality of life,” said Marcel Rodarte, the executive director of the California Contract Cities Association. “We have also seen the fentanyl epidemic increase, killing hundreds of Americans every day. Yet, law enforcement lacks the tools to hold traffickers and dealers accountable, which leaves many families and loved ones without any justice for their loved ones who are killed by fentanyl poisoning related deaths.”
But Democratic leaders, including Gov. Gavin Newsom, oppose the measure. They had attempted to place a competing anti-crime measure on the ballot, but at the last minute, dropped the effort.
Newsom, speaking to reporters, said the ballot measure would cost California billions of dollars as the state already has had to grapple with a budget deficit.
“It’s really drug policy reform that brings us back decades. I’m very concerned about that. I hope people take a close look at what they’re proposing,” the governor said.
The secretary of state’s analysis estimated the measure could cost the state hundreds of millions of dollars annually because of an increase in state prison population. However, the estimate said some costs may be offset by reduced spending on victims’ services or local mental health and substance abuse services.
Expect this to be an expensive campaign.
