In 2020, as COVID-19 spread throughout the world, our country saw some of its worst turmoil in history. Death rates, burnout, unemployment, and crimes skyrocketed, with citizens becoming more and more scared.
The Rise of Crime in California During the Pandemic
The same violent events happening around the country were also in California, who saw some of the worst changes to their state. Homelessness, theft, and drug overdoses grew out of control. Even today, violent crime rates in California are still above pre-pandemic levels, with a 1.7% increase in 2023 and up 15.4% since 2019. What law enforcement and communities alike began to see is that many of the crimes, such as drug possession and robbery, are not punished harshly enough. With Proposition 36, that’s about to change.
Understanding Proposition 36: California’s New Law on Crime and Punishment
Now that the pandemic has passed, California’s new law is in direct reaction to the repeat and drug-related crimes that occurred during that time. Proposition 36, which went into action this past December, aims to protect California communities with harsher punishments and “more aggressive drug diversion policies.” With an overwhelming amount of positive voter response, 70% in approval, the new law gives power to each county and city to decide how harshly and how timely they can make these changes.
Stricter Penalties for Retail Theft and Drug Possession
In Prop 36, punishments for retail theft crimes, specifically “smash and grabs,” and drug possession offenses will increase, turning some misdemeanors into felonies. Such crimes like fentanyl and methamphetamine possession that were previously considered misdemeanors, as well as burglary or shoplifting of items totalling under $950 (Proposition 47) will now have harsher outcomes. Proposition 36 would undo the misdemeanor status, making the crimes far more serious, especially for those who have committed those crimes in the past. Prosecutors now also have the leverage to treat fentanyl dealers as “potential murderers.” The law not only aims to create more serious consequences to breaking the law, but to create accountability to an “epidemic” of drug related and theft crimes in California.
Longer Sentences Under Proposition 36
In addition to the punishment, there will also be longer sentences because of Prop 36. “…a conviction would lead to a sentence of up to three years in county jail or state prison.” Those convicted of selling hard drugs may have a longer sentence based on the amount of drugs sold. This applies to the situation of a group of people robbing a business together. Those involved may have an extended sentence of up to three years.
Opposition to Proposition 36 and Concerns About Its Impact
Not everyone agreed with moving the law forward, including the California Democratic party, who think it will reignite a “failed and costly” war on drugs yet again, and have the opposite desired effect in crime rates.
Balancing Punishment with Rehabilitation
There will be harsher punishment for drug trafficking, however, written into the proposition it also encourages treatment for those addicted to drugs “using a balanced approach to fix loopholes in current laws.”
The Future Impact of Proposition 36 on California Communities
Members of communities around California have made it clear what they want by voting for Proposition 36, but only time will tell how the new laws impact day-to-day life and how much efficacy they have on crime.
How a California Personal Injury Attorney Can Help if You’re Facing Charges Under Proposition 36
If you or a loved one is facing charges related to theft or drug possession under Proposition 36, consulting a skilled California criminal defense lawyer can make a significant difference in your case. An experienced attorney understands the complexities of the new law and can work to reduce or dismiss charges, negotiate plea deals, and ensure your rights are protected throughout the legal process. Whether you are dealing with felony charges for retail theft or drug possession, legal guidance can help you navigate the court system and explore alternatives like diversion programs or rehabilitation options. Don’t face these harsh new penalties alone—contact Borhani Law Group today to defend your future and secure the best possible outcome.
