What is Prop 36? A look into ‘The Homelessness, Drug Addiction, and Theft Reduction Act’

( KRON ) – San Francisco Mayor London Breed, the California District Attorneys Association, and the California State Sheriffs’ Association are all in support of Proposition 36, an initiative aimed to reverse a previous proposition that supporters claim exacerbated theft and crime around California.

So, what exactly is the “Homelessness, Drug Addiction, and Theft Reduction Act”? Who’s in support of it? Who’s not? Most importantly, how could it exactly improve some of the state’s current most pressing issues?

What is Prop 36?

Put simply, Prop 36 would impose stricter punishments on certain crimes by reclassifying them as a harsher offense. For example, the initiative would add fentanyl, one of America’s deadliest drugs on the market, to a list of drugs such as cocaine, heroin, and methamphetamine.

With Prop 36’s passing, anyone arrested with fentanyl and a firearm would now warrant a felony charge, which could lead to up to four years in state prison. “Currently, possessing fentanyl and a loaded firearm is punishable by up to one year in jail,” according to Ballotpedia .

Offenders will be required to serve their entire sentence in state prison, “regardless of criminal history.” Sentencing could also increase based on the quantity of drugs sold illegally, lawmakers wrote.

Prop 36 would also increase penalties for theft crimes. Crimes of theft worth under $950 would be punishable as felony crimes for individuals “who have two or more prior theft-related convictions.” Depending on their criminal history, those offenders could be sentenced to up to three years in jail or prison.

What is its relation to Prop 47?

Currently, an act of theft worth under $950 is punishable by up to six months in jail under Prop 47. In 2014, voters passed 47 to classify certain crimes as misdemeanors instead of felonies “unless the defendant had prior convictions of murder, rape, certain sex offenses, or certain gun crimes.”

Prop 47 also allowed the re-sentencing of people already serving a sentence to re-classify offenses to misdemeanors.

Aside from reducing sentences, Prop 47 required state savings from punishment reductions to be spent on mental health and drug treatment services. In 2023, savings amounted to $95 million, according to the Legislative Analyst’s Office , which estimated that the increased penalties for certain crimes under Proposition 36 would decrease the state’s savings from Proposition 47.

Statement in support of and against Prop 36

San Francisco Mayor London Breed said the following concerning the initiative:

“(Prop 36) will make targeted but impactful changes to our laws around fentanyl and help us tackle the chronic retail theft that hurts our retailers, our workers, and our cities. I fully support this measure and know it will make a meaningful difference for cities across California.”

Governor Gavin Newsom is against the initiative, saying the following:

“Prop. 36 takes us back to the 1980s, mass incarceration. It promotes a promise that can’t be delivered. I would ask those who support it, particularly mayors: Where are the treatment slots? Where are the beds? Twenty-two counties don’t have one residential treatment facility. Twenty-two counties don’t have one. I mean, they’re lying to you,” the governor said.

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