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If California Proposition 36 passes, people could be charged with a felony for stealing or getting caught with hard drugs, if they already have two prior theft or drug convictions. It would also give people the option to complete drug treatment instead of going to prison.
Prop 36 would roll back a decade-old law that reduced penalties for certain theft and drug crimes. Prosecutors, police, and big box retailers now blame these reduced penalties for an increase in shoplifting and other theft and say ramping penalties back up will discourage more people from stealing.
They also say Prop 36 will help combat homelessness by offering unhoused people who get caught with drugs the option to pursue treatment instead of going to prison.
Opponents say that no studies on criminal justice or homelessness support the idea that harsher punishments prevent crime or get people off the street.
This explainer was reported by Nigel Duara with our newsroom partner CalMatters. Check out out the full CalMatters 2024 Voter Guide here.