CA Prop 36 Explained: What Is Prop 36?

Proposition 36 was passed on November 5, 2024. It went into law about a month later. The goal of the law was to reduce many of the problems California is currently experiencing with homelessness, shoplifting, theft, and drug crimes.

Under the law, theft and drug sentencing now receive harsher penalties. In particular, there are sentence enhancements for recidivist offenders. Some crimes will now be punished by sentences in prison instead of county jail. Additionally, fentanyl-related crimes will be punished in the same way as other hard drugs.

Is Prop 36 Still in Effect?

Proposition 36 went into effect on December 18, 2024. As a result, all offenders in California courts can expect to face the Prop 36’s key provisions.

How Proposition 36 Impacts Drug and Nonviolent Sentencing

When it comes to nonviolent and drug sentencing, there are a few major changes that have happened under Prop 36.

Treatment-Mandated Felonies

One of the newest changes in Proposition 36 is the treatment-mandated felony. If someone is convicted of a third drug crime, this means that they can be charged with a treatment-mandated felony. This allows them to receive treatment in a behavioral or addiction treatment center instead of receiving up to three years in prison or jail. If they finish this treatment successfully, they can receive a dismissal.

However, opponents of the law have expressed doubt over California’s ability to treat this many offenders in existing drug treatment centers. In fact, the number of licensed centers dropped from 987 treatment centers with 20,600 beds in 2021 to 887 facilities and around 18,000 beds in 2023.

Drug Sentencing

Besides changes under California’s Prop 36 drug program, there are also major changes happening to drug sentencing. For example, Health and Safety Code section 11370.4 was modified to include fentanyl. Depending on the weight involved, the sentencing enhancement now varies between 3 and 25 years.

Under Proposition 36, Penal Code section 12022(c) was changed to include enhancements for drug offenses that involve a firearm. If convicted, an individual will now serve an extra three, four, or five years in state prison. Judges are also allowed to sentence someone to state prison to county jail if the individual trafficked large amounts of drugs while possessing a firearm.

Warning to Dealers of Hard Drugs

Proposition 36 created Health and Safety Code section 11369. This new code requires trial courts to warn anyone who has committed certain violations involving hard drugs, where distributing, furnishing, and giving away drugs also harmed human lives. If someone dies as a result of the individual’s conduct, they may be charged with murder.

The Great Bodily Injury Enhancement

Through Proposition 36, Penal Code section 12022.7 is amended so that individuals can be given a great bodily injury enhancement if someone is injured after the individual sells or furnishes drugs to them.

• If the victim becomes comatose or paralyzed, the offender will be given an extra five years in state prison to be served after the rest of their sentence.
• For victims who are 70 or older, the sentence enhancement is five years.
• Inflicting injury upon a child during a felony or an attempt to commit a felony leads to an extra five years in state prison.

Get Help Understanding the Impact of Proposition 36 on Your Legal Case

By getting CA Prop 36 explained, you can gain a better understanding of how this law will affect sentencing for your drug or nonviolent offense. This law is designed to include harsher penalties, so you need to be proactive about building your legal case. For more information, give our experienced criminal defense attorneys a call today.