Law Change: Proposition 36 Brings Major Sentencing Overhaul to California

In December 2024, California voters passed Proposition 36, a measure that significantly alters the state’s approach to certain drug and theft crimes. The proposition allows for increased penalties, including longer prison sentences, for individuals convicted of specific offenses. Notably, it reclassifies some misdemeanors as felonies and introduces “treatment-mandated felonies” for certain drug offenses, requiring individuals to complete treatment programs or face incarceration.

One of the key changes is that individuals with two prior convictions for theft or drug offenses can now face felony charges for subsequent offenses, even if the value involved is under $950. Additionally, those convicted of distributing illegal drugs like fentanyl may receive warnings that future offenses resulting in death could lead to murder charges.

While proponents argue that Proposition 36 addresses rising concerns over property crimes and drug trafficking, critics express concerns about potential over-incarceration and the impact on marginalized communities.

If you or someone you know is facing charges related to theft or drug offenses, it’s crucial to understand how Proposition 36 might affect your case. Consulting with a knowledgeable criminal defense attorney can provide clarity and guidance in navigating these changes.