PROP 36 - Understanding the New California Laws on Drug and Theft Offenses

 

Proposition 36 - Understanding the New California Laws on Drug and Theft Offenses

A new law significantly altering drug- and theft-related offenses in California is now in place.

 

On December 18, 2024, Proposition 36, the "Homelessness, Drug Addiction, and Theft Reduction Act," took effect. The initiative aims to address homelessness, addiction, and theft through a new approach to prosecution and sentencing.

 

Prop. 36 fundamentally reshapes California's legal landscape regarding drug and theft crimes. A key change involves the introduction of "wobbler" offenses—crimes that can be charged as either felonies or misdemeanors, depending on various factors. Two new wobbler offenses are now defined: possession of a hard drug (including fentanyl, heroin, cocaine, methamphetamine, phencyclidine, and their analogs) with two prior drug-related convictions (Health and Safety Code section 11395), and petty theft or shoplifting with two prior theft-related convictions (Penal Code section 666.1).

 

Sentencing for these wobblers varies. A first offense usually results in county jail time, while subsequent offenses may lead to state prison sentences. Importantly, there are no age limits or time restrictions on prior convictions that could qualify an individual for these enhanced charges. An arrest on either the drug or theft felony charge necessitates DNA collection, as well as a review by a judge assessing the defendant's risk to public safety to any pre-trial release from jail. For the treatment mandated felony found in the Health and Safety Code section 1395, the offender can opt for drug treatment to avoid jail or prison time, and if they complete treatment, they do not suffer a conviction for the offense. These changes represent a significant shift in California's approach to prosecuting specific crimes.

 

Beyond the new wobbler offenses, Prop. 36 significantly increases penalties for fentanyl trafficking, especially large-scale operations, and imposes stricter sentences for drug dealing involving firearms. This reflects a determined effort to combat the opioid crisis and highlights the serious dangers associated with drug trafficking. The new law also mandates that courts explicitly warn convicted hard drug dealers of potential murder charges if someone dies due to their drug trafficking activities—a "Watson-style" advisement intended to deter such dangerous behavior. The Watson advisement has been used in DUI cases to tell those convicted of a DUI that they can be charged with murder if they drive under the influence, and someone dies as a result.

 

Regarding property crimes, the new law allows for the aggregation of stolen property value from multiple thefts. This means that multiple smaller thefts can be combined to determine if the overall value meets the felony threshold. Prop. 36 also increases penalties for property crimes resulting in losses exceeding $50,000 and for crimes involving multiple perpetrators. These changes aim to deter large-scale property crime and organized criminal activity. The overall effect of these provisions is a more robust and comprehensive approach to prosecuting drug and theft offenses in California.

 

The implications of Prop. 36 are far-reaching for the public. It emphasizes treatment for drug-related offenses, recognizing addiction as a health issue requiring treatment, not just punishment. Simultaneously, it adopts a stricter stance on repeat offenders, utilizing the wobbler provisions and increased penalties as deterrents. The judicial review process built into the wobbler offenses ensures individualized assessments, balancing public safety with fair and proportionate treatment for offenders.

 

In conclusion, Prop. 36 fundamentally reshapes California's approach to drug and theft crimes, aiming to address societal issues while implementing harsher penalties for repeat offenders. Understanding these changes is crucial for navigating this updated legal landscape. For more information, please read the attached informational bulletin and for specific legal advice or questions about your circumstances, please consult a legal professional.