SAN DIEGO — A proposition aimed to crack down on petty theft and drug-related crimes took effect on Wednesday. California voters overwhelmingly passed Prop 36 during the 2024 state ballot propositions.
The change comes after many businesses throughout California were affected by smash-and-grabs at retail stores. California leaders say businesses lost over $15 billion to retail theft.
Wednesday marks the revival of a three-strike policy, where anyone with three or more times will be charged with a felony and may spend up to three years in jail.
The San Diego District Attorney's Office said Prop 36 holds fentanyl and hard drug dealers responsible for a victim's death. It also addresses the addiction to hard drugs that fuel homelessness and crime by incentivizing lifesaving treatment, according to District Attorney Summer Stephan.
“Proposition 36 finally restores the rule of law so that we don’t have to stand by while businesses suffer under the crushing weight of repeat theft that steals their livelihood and threatens the safety of their employees and customers,” Stephan said in a press release. “Proposition 36 sends a clear message that we will fight back against fentanyl dealers who have cost so many young lives and will hold them accountable for their actions..."
The supporters say this law is crucial in closing legal loopholes that have made it challenging for law enforcement officials to punish shoplifters and drug dealers.
Despite its overwhelming support, the critics of this new law believe the policy will increase the jail population. Yusef Miller, a social justice advocate whose relatives died in San Diego jails, has been vocal about his opposition to Prop 36.
Miller says officials will not only be increasing jail populations into an already failed and broken system but also will disproportionately imprison minorities and those with substance abuse issues.
CBS 8 spoke with San Diego Sheriff Kelly Martinez, where she discussed hot-button topics including Prop 36, immigration and the new Safe Streets pilot program. Watch the video player below for the full interview:
CALIFORNIA ELECTION RESULTS FOR PROP 36 NOVEMBER 5, 2024 ELECTION:
What is Prop 36?
Prop 36 would roll back a ten-year-old ballot measure called Prop 47, which reclassified certain petty theft and drug crimes as misdemeanors in lieu of felonies.
Since then, law enforcement and major stores such as Walmart, Target and 7-Eleven have blamed Prop 47 for an increase in crime and homelessness. Prop 36 is the attempt to undo Prop 47.
Prop 36 would allow prosecutors to charge people with a felony if they've been convicted of theft twice before.
It also gives prosecutors the power to seek felony convictions for people possessing drugs such as cocaine, fentanyl and heroin. Defendants could also choose treatment in lieu of jail or prison.
What does a YES vote on Prop 36 mean?
A YES vote on this measure means people convicted of certain drug or theft charges could receive increased punishment.
What does a NO vote on Prop 36 mean?
A NO vote means punishment for drug and petty theft would remain the same.
Who supports Prop 36?
- Walmart, Target, Home Depot, 7-Eleven
- San Diego Mayor Todd Gloria
- San Diego District Attorney Summer Stephan
- California District Attorneys Association
- California Correctional Peace Officers Association
- California Republican Party
- Howard Jarvis Taxpayers Association
- California Chamber of Commerce
Supporters say Prop 36 is a way to combat homelessness since it would increase punishment for drug possession and force people into treatment.
They also say California has a growing shoplifting and retail theft problem driven by drug-addicted people who have no desire to get help. It offers prosecutors power to crack down on charges and Prop 36 would act as a middle ground between the tough-on-crime days and the alleged loopholes created by Prop 47.
Who opposes Prop 36?
- Governor Newsom
- ACLU of San Diego and Imperial Counties
- San Diego's former police chief William Lansdowne
- ACLU of Northern California
- Californians for Safety and Justice
Critics have said Prop 36 is a dangerous narrative built on false narratives and that no studies done on criminal justice or homelessness say harsher punishments prevents crime or gets people off the streets.
They also say the millions put into court and prison costs will leave schools, healthcare and other essential services without those monies.
Prop 36 would mark the return to the War on Drugs, which voters rejected with Prop 47 a decade ago, opponents say.
Official Ballot Summary
Allows felony charges for possessing certain drugs and for thefts under $950, if the defendant has two prior drug or theft convictions.
Fiscal Impact: State criminal justice costs likely ranging from several tens of millions of dollars to the low hundreds of millions of dollars annually. Local criminal justice costs likely in the tens of millions of dollars annually.
Supporters: Crime Victims United of California; California District Attorneys Association; Family Business Association of California
Opponents: Diana Becton, District Attorney Contra Costa County; Crime Survivors for Safety and Justice