On November 5, 2024, California voters approved Proposition 36, officially titled the “Homelessness, Drug Addiction, and Theft Reduction Act.”
This measure aims to address issues related to homelessness, drug addiction, and theft by imposing stricter penalties on repeat offenders. The law took effect in December 2024, and it significantly alters how the state of California treats certain drug and theft crimes.
Understanding the implications of Proposition 36 is crucial, especially for individuals with prior misdemeanor convictions, as subsequent offenses may now be charged as felonies.
Key changes introduced by Proposition 36
Reclassification of certain crimes for repeat offenders
Under Proposition 36, individuals with two or more prior theft convictions can now face felony charges for thefts involving property valued at $950 or less. These felonies are punishable by up to three years in state prison.
Enhanced sentencing for group crimes
The proposition increases penalties for theft or property damage crimes committed by groups of three or more individuals, allowing for sentence enhancements of up to three additional years.
Mandatory prison sentences for certain drug offenses
Proposition 36 mandates that individuals convicted of selling specific drugs, including fentanyl, heroin, cocaine, or methamphetamine, serve their sentences in state prison, regardless of the circumstances.
Introduction of “Treatment-mandated felonies”
The law introduces a “treatment-mandated felony” category, allowing individuals found in possession of certain illegal drugs to opt for treatment instead of serving prison sentences. This option applies to:
- Individuals found in possession of specific drugs such as fentanyl, heroin, cocaine, or methamphetamine.
- Individuals with two or more prior convictions for drug crimes.
Successful completion of treatment can lead to dismissal of charges; failure to complete treatment may result in up to three years in state prison.
Mandatory Warnings for Drug Offenders
Courts are now required to inform individuals convicted of selling or providing certain drugs that they may face murder charges if someone dies as a result of drugs they distributed.
Implications of Proposition 36
Proposition 36 reverses aspects of Proposition 47, enacted in 2014, which had reduced penalties for some theft and drug crimes. The new law aims to combat rising rates of homelessness, drug addiction, drug trafficking, overdose deaths and theft offenses in California.
Seeking legal assistance
If you or a loved one is currently facing charges related to theft or drug possession and/or sale, having an experienced legal team is crucial.
Since 1984, Robert M. Helfend has been defending clients against theft and drug offenses, helping thousands achieve favorable verdicts. He has been recognized for his outstanding work by Lead Counsel, SuperLawyers, and the National Trial Lawyers Top 100.
For a free case review, call 805-273-5611 today.
Published February 3, 2025.