What Proposition 36 Means for Sentencing Enhancements in 2025

Thanks to the passage of Prop 36 in California in 2025, there are some major changes in store for sentencing guidelines and enhancements. As the law is currently written, some people may end up spending longer in prison than they did under the previous law. Because of this, it’s a good idea to talk to a criminal defense attorney near you if you are facing criminal charges.

Did Prop 36 pass? How does it affect your sentencing outcomes? To learn more, read on.

Proposition 36, the Homelessness, Drug Addiction, and Theft Reduction Act, was enacted on December 18, 2024. The act creates stricter sentencing for repeat offenders, mandatory minimum sentences, increased penalties for drug offenses, and restored felony charges.

Under prop 36 in California, there will likely be a few key impacts. Because of sentence enhancements and other factors, the act will cause higher incarceration rates. While proponents say it will deter people from committing crimes, opponents say that it makes addiction and homelessness into criminal activities.

Repeat offenders will receive stricter sentencing. Under Penal Code section 666.1, someone who has a prior conviction for theft can now be sent to county jail or state prison. There’s also no washout time frame, which means convictions from any point in time would qualify.

These types of changes are targeted at wobbler offenses, which are crimes that could be felonies or misdemeanors. Possession of a hard drug following two drug-related convictions and petty theft with two previous theft convictions are specified under Prop 36 as wobblers. First offenses typically involve time spent in the county jail, while future offenses result in a state prison sentence. Additionally, these sentence enhancements aren’t limited by age or time restrictions.

Proposition 36 reenacts and adjusts Penal Code section 12022. If someone destroys or takes property when they’re committing a felony or possesses stolen property, this penal code applies. The following are the enhancements involved.

• One-year enhancement: This kicks in when the property value or loss tops $50,000.
• Two-year enhancement: A two-year enhancement applies if the property value of loss is over $200,000.
• Three-year enhancement: If the loss or property value is higher than $1 million, a three-year enhancement applies.
• Four-year enhancement: Finally, a four-year enhancement applies whenever the loss or property value is over $3 million.

Reaching these dollar limits is easier than it was in the past. Now, all of the losses from multiple thefts can be added together, so the individual can end up with longer enhancements.

Through Prop 36 in California in 2025, there are additional changes to sentencing. Previously, some drug crimes and thefts had been changed to misdemeanors through other California propositions, like Proposition 47. Proposition 36 reverses this change, making large quantities of drug possessions, organized retail theft, and other crimes into felonies. As a result, people who are convicted will likely face longer sentences than they did in the last few years.

Under Prop 36, some felony sentences will become longer. If three or more people are involved in damaging property or committing theft, their sentence can be increased by as much as three years.

Penalties have been increased significantly for certain drug crimes. Fentanyl tracking now involves worse penalties, especially if large-scale operations are involved. Similarly, drug dealing with firearms results in a worse sentence.

Finally, there is an important change to drug dealing offenses that involve fatalities. If someone dies as a result of the defendant’s drug trafficking, it can result in murder charges.

Under Prop 36 in California in 2025, you could receive longer, stricter sentences for various crimes. Shoplifting, petty theft, and drug crimes are key targets of the law.

With so much riding on the line, you don’t want to leave your freedom to chance. For a professional review of your case, call us today for a consultation.