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Proposition 36

Should California roll back past reforms and make it easier to charge people with felony crimes and send them to jail or prison if they repeatedly shoplift, or possess some drugs, including fentanyl and methamphetamine?

Proposition 36 would roll back parts of a 2014 ballot measure (Proposition 47) which reclassified certain petty theft and drug possession crimes as misdemeanors instead of felonies. Proposition 36 would allow prosecutors to charge someone with a felony if they steal anything and have been convicted of theft twice before. It also lets prosecutors seek felony charges against people possessing drugs, including fentanyl, heroin and cocaine — although they could also be given the choice to enter drug treatment.

Yes Argument

California has a growing shoplifting and retail theft problem, driven by drug-addicted people who have no incentive to enter treatment. This measure would give prosecutors the power they need to crack down on repeat shoplifting offenders and compel drug users into treatment by providing a “stick” — potential jail or even prison time. The measure would help curb the state’s homelessness problem and lower overdose deaths by getting people the help they need.

No Argument

Proposition 36 would cost taxpayers up to $750 million a year and take money away from drug treatment, rehabilitation and victim services. Instead of funding drug treatment for people struggling with addiction, this measure would increase prison spending and bring back the war on drugs, leading to more crime. Police and prosecutors already have the tools they need to crack down on retail theft and other property crimes, and this measure does nothing to fund drug treatment opportunities.