On Wednesday, Proposition 36, approved by a wide majority of California voters during the 2024 state elections, officially took effect. The measure aims to address petty theft and drug-related crimes, issues that have significantly impacted businesses and communities across the state. The change comes in response to an estimated $15 billion in losses due to retail theft. Proposition 36 reinstates a "three strikes" policy, under which individuals with three or more offenses can be charged with a felony and face up to three years in jail.

Additionally, the measure holds drug dealers, including those trafficking fentanyl, accountable for the deaths of their victims. It also offers treatment alternatives for individuals with addictions, according to San Diego District Attorney Summer Stephan. “Proposition 36 restores the rule of law to protect businesses and employees while addressing fentanyl traffickers who have caused so many tragedies,” Stephan stated.

You might also be interested in its Spanish version: California endurece penas por robos menores y delitos relacionados con drogas

Although it has the support of companies such as Walmart, Target, and 7-Eleven, as well as district attorney associations and the California Republican Party, Proposition 36 has faced criticism. Activists like Yusef Miller warn that the measure could increase the prison population and disproportionately harm minorities and individuals struggling with addiction.

Proposition 36 reverses elements of Proposition 47, a decade-old measure that reclassified certain offenses as misdemeanors. Now, prosecutors can seek felony convictions for repeat offenders of petty theft and for possession of drugs like cocaine, fentanyl, and heroin, while also offering treatment as an alternative to incarceration.

Opponents, including Governor Gavin Newsom and the ACLU, argue that this measure represents a return to the "War on Drugs," will cost millions in court and prison expenses, and fails to address underlying issues like homelessness and crime.

The fiscal impact of the measure is projected to range from tens to hundreds of millions of dollars annually for state and local criminal justice systems.