Allow Felony Charges and Increases Sentences for Certain Theft and Drug Crimes. People convicted of certain drug or theft crimes could receive increased punishment, such as longer prison sentences. In certain cases, people who possess illegal drugs would be required to complete treatment or serve up to three years in prison.
Proposition 36, titled Allows Felony Charges and Increases Sentences for Certain Drug and Theft Crimes, was an initiated California ballot proposition and legislative statute that was approved in the 2024 general election.[2] The proposition repealed parts of Proposition 47, passed during the 2014 general election, and amends the state constitution to increase penalties and allow felony charges for certain crimes.[3]
The proposition will allow for the authorization of the following:[3]
Increasing the penalty for repeat shoplifters (two or more past convictions) of $950 in value or less from a misdemeanor to a felony, punishable by up to three years in prison.
Allowing felony sentences for certain crimes such as theft or damage to property to be lengthened if the crime is committed by a group of three or more people.
Requiring that sentences for certain felonies such as drug dealing be served in prison.
Allowing people convicted of possession of illegal drugs (specifically those who possess certain drugs such as methamphetamines or fentanyl or those who have two or more past convictions for drug crimes) to be charged with a "treatment-mandated felony" instead of a misdemeanor in some cases. Upon completion of treatment, charges will be dismissed. Upon failure to complete treatment, charges stand and include up to three years in state prison.
Requiring courts to warn people that they could be charged with murder if they sell or provide illegal drugs (such as methamphetamines, fentanyl, heroin, and cocaine) that kill someone. This could allow for murder charges in the future if they later sell or provide illegal drugs to someone who dies.