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California's Prop 36 explained: Increasing penalties for theft and drug trafficking

By Kelli Johnson
Updated  November 5, 2024 2:23pm PST
2024 Election
KTVU FOX 2

What is Prop 36?

Proposition 36 aims to implement harsher penalties for theft and drug trafficking in a state that’s earned a reputation for being "soft on crime." If passed, some of these crimes that were previously classified as misdemeanors would be recategorized as felonies, reversing Prop 47 which was passed back in 2014.

While several progressive mayors and retailers are for it, Gov. Gavin Newsom and the California Democratic Party are against it.

Crime reform measure Prop 36 increases penalties for certain drug and theft crimes.

There is high interest in Proposition 36, a crime reform measure, which would change critical parts of Proposition 47.

What does a no vote mean?

Voting "NO" would maintain the current penalties for drug and theft offenses.

If the majority of California voters vote "no," it would maintain Prop 47 that was passed back in 2014, which allows low-level crimes, such as theft valued at $950 or less, from felonies to misdemeanors. Some officials said one of the purposes of Prop 47 was to help manage the prison population.

Those who oppose argue this would actually have the opposite effect it intends and believe it would ultimately lead to more crime and will take away funds for victim finding.

Another issue Prop 36 tackles are "smash and grab" robberies that have been rampant in Los Angeles County.

Palm Springs City Councilmember Lisa Middleton, who is running for one of the closest State Senate races in the country, which includes San Bernardino and Riverside County, argues while Prop 36 is backed by law enforcement, the package isn’t good enough.

"Prop [36] has the overwhelming support of law enforcement across the state, particularly including, my police chief, our local officers," she said.

While Gov. Newsom said he fears Prop 36 would bring back mass incarceration, Middleton said she disagrees after speaking to local district attorneys.

"They are not in an effort to go in and start doing mass incarceration, incarceration. What they want is the discretion when they're dealing with individuals who have a history of committing crimes," she said. "When you see the kinds of individuals smashing windows, smashing doors and committing crimes over and over again, that we have the discretion to take and go after those individuals."

What does a yes vote mean?

A "yes" vote would permit harsher penalties for those found guilty of specified drug or theft offenses, potentially resulting in extended jail time. Under this measure, individuals caught with illicit substances might face mandatory treatment or a prison term of up to three years.

Supporters include the California District Attorneys Association, the California Chamber of Commerce, the California Republican Party, Target, Walmart and Home Depot.

Who opposes Prop 36?

Those who oppose include Crime Survivors for Safety and Justice, the California Democratic Party, Gov. Gavin Newsom, ACLU of Northern California, and Assembly Speaker Robert Rivas. 

Financial impact

It is believed if passed, the cost would range between tens of millions of dollars to hundreds of millions of dollars each year amid an increase in the prison population.

When Prop 47 passed, the state savings, an estimated $95 million, were to be allocated to mental health and drug treatment, school truancy, along with services for victims. If California voters vote to pass 47, these are some of the state departments that would lose funding.