How Judges Are Interpreting Prop 36 in Southern California Courts

Thanks to the recent passage of Proposition 36, there are major changes in store for California drug sentencing guidelines and shoplifting charges. Many of these changes happened in an attempt to stop smash-and-grab crimes from happening and devastating downtown businesses. While many of the law’s implementations are still in flux, there are a few key changes that have already been adopted by Southern California courts.

On November 5, 2024, Proposition 36 was passed by voters. Then, it officially went into effect on December 18, 2024. Since its enactment, California courts have had to determine the best way to implement all of the new guidelines.

At its heart, this proposition was supposed to make drug, theft, and shoplifting charges stricter. For example, some individuals previously kept each theft below $950 so that each charge would be classified as a felony. Thanks to Proposition 36, the judge has the right to combine multiple smaller thefts together to cross the $950 threshold.

Similarly, wobbler offenses–offenses that can be charged as misdemeanors or felonies–have gotten a makeover. Under Penal Code section 666.1, petty theft and shoplifting are dealt with differently if there have been two prior convictions already. While the first offense typically leads to time in the county jail, additional offenses can lead to sentences in the state prison. After two offenses, Proposition 36 now allows courts to charge people with a felony instead of a misdemeanor.

California drug sentencing guidelines have also changed. Fentanyl has been added as a hard drug under Health and Safety Code section 11370.1. Anyone who commits a drug-related crime while having a firearm in their possession is now required to serve their sentence in the state prison.

The interpretation of Prop 36 in California has varied based on where you’re located at. For example, the sheriff’s department in Orange County has embraced Proposition 36 and is enforcing it as it is written. Under Prop 36, drug possession is now dealt with more severely. Courts must now give drug dealers warnings that they can be charged with murder if someone is harmed because of drugs that were given or sold by the dealer.

However, some parts of the judicial system are wary about the coming changes. San Bernardino County Superior Court Presiding Judge Lisa M. Rogan has already voiced concern about requirements for treatment-mandated felonies. Proposition 36 includes the option for nonviolent, three-time drug offenders to receive treatment in lieu of three years of their sentences.

However, Rogan points out that the system is not designed to accommodate this influx in addiction treatment patients. While estimates vary, there are around 12,980 inpatient and residential beds in all of California’s substance abuse treatment centers. However, there are 2.7 million people in California who meet the definition of having an addiction. Assuming these beds were available 365 days a year, there are only 1.75 treatment days available for each addict in California.

While Southern California is currently on track to implement Proposition 36 as it is written, there may be challenges in actually bringing all of the changes to fruition. However, other provisions, such as harsher sentences for shoplifting and theft, will likely be implemented as they are written.

If you are dealing with California drug sentencing guidelines and Prop 36, you aren’t alone. Under the new provisions, many crimes have longer sentences and involve prison time instead of jail time. Because of this, it is especially important to talk to an experienced criminal defense attorney about your case. When your freedom is on the line, you don’t want to take any chances.

To learn more about Proposition 36 in Southern California, reach out to our team of top-notch criminal justice lawyers today.