Yes on Proposition 36
Allows Felony Charges and Increases Sentences for Certain Drug and Theft Crimes
What is it?
Proposition 36 will change the criminal sentencing laws established Proposition 47 in 2014. It increases penalties for certain drug and theft offenses, including stricter punishments for people convicted of shoplifting with two or more theft-related convictions. It also adds felony charges to dealing opioids like fentanyl, if the person has a gun.
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Fiscal impacts
Prop 36 will have minor fiscal impacts on state and local governments. The Legislative Analyst's Office estimates that the measure will increase state and local criminal justice costs by several tens of millions of dollars to low hundreds of millions of dollars annually, less than one-half of 1 percent of the state's total General Fund budget. These added costs are due to charging and prosecuting people who are currently not charged due to Prop 47's provisions that reduced penalties for certain drug and theft offenses like shoplifting up to $950.
- See "Fiscal Effects" section of the Legislative Analyst's Office report (PDF)
Why is this on the ballot?
According to Article II, Section 8 of the California Constitution, citizens may introduce statutes (laws) by collecting signatures (5% of the votes cast in the most recent Governor's race). The statute must then be approved by voters with a simple majority of 50% + 1.
Since the law being changed was originally passed via Prop 47 (2014), the state legislature does not have the power to change it themselves. By law, any changes to the law must be approved by the voters.
Large retailers primarily funded this citizen signature initiative. Of the $7.2 million it took to pay signature gatherers to put this measure on the ballot, Walmart contributed $2.5 million, Home Depot contributed $1 million, and Target contributed $500,000.
- Proponent: "Californians to Reduce Homelessness, Drug Addiction, and Theft"
- Placed on ballot by: Paid signature gathering
Why vote Yes?
After the passage of Prop 47 in 2014, San Francisco has struggled to address the fentanyl abuse and overdose crisis. Simply put, we lack the policy tools to mandate drug treatment. Currently, we can encourage and incentivize treatment, but we have no way of requiring treatment. It is rare for fentanyl users to voluntarily seek treatment.
Proposition 36 revises laws set by Prop 47 to address harmful drug use, retail theft, and fentanyl dealing.
- Creates a new system for mandating treatment for harmful drug use called a "treatment-mandated" felony. This felony charge can be removed if the person undergoes treatment, providing San Francisco a new way to combat the drug crisis.
- Reinstates stricter penalties for drug dealers and repeat theft offenders, granting courts more discretion to impose harsher sentences.
Public safety is a complex issue, and Prop 36 isn't perfect—but it makes meaningful progress by providing policies for mandating drug treatment, preventing repeat theft, and arresting drug dealers fueling the fentanyl epidemic. We need practical solutions to address the drug crisis and enhance public safety in San Francisco. Vote YES on Prop 36.