Prop 36 passes by overwhelming margin to toughen retail crime penalties

California voters overwhelmingly passed Proposition 36 to increase punishments for some theft and drug possession offenses.

With more than half of the ballots as of Wednesday morning, over 6.3 million voters said "Yes" on Prop 36, making up 71% of the ballots.

With the passage of Prop 36, California will now undo some of the key provisions from Prop 47, which voters passed in 2014 to address prison overcrowding by reclassifying some theft and drug-related offenses as misdemeanors. 

Here’s what Prop 36 will do

• Turning some misdemeanors to felonies: Under Prop 47, theft crimes such as shoplifting and burglary involving items that are valued less than $950 are classified as misdemeanors. Also all drug possessions, including fentanyl and methamphetamine, are considered misdemeanors. But Prop 36 will undo some of those penalty reductions and turn those misdemeanors into felonies, especially if a person committed similar crimes in the past. This would also mean a conviction would lead to a sentence of up to three years in county jail or state prison.

• Longer sentences: Under Prop 36, if a group of three or more people commit a crime together, such as flash-mob robberies that have affected retailers since the pandemic, their felony sentences can be extended by up to three years. Under Prop 36, people convicted of selling hard drugs could get a longer sentence based on the amount they sold. Unlike Prop 47, the new ballot measure seeks to require people to serve their time in prison.

While some Democratic leaders including Gov. Gavin Newsom publicly oppose it over the concern that it would further harm Black and Brown communities, others like former Los Angeles Mayor Antonio Villaraigosa, who is running for governor, support Prop 36 in alliance with police unions and business groups.