Prop 36 Provides New Tools to Combat Repeat Theft

Media
Sep 26
2 min read

San Diego County District Attorney DA Summer Stephan, the California District Attorneys Association (CDAA), and Californians Against Retail and Residential Theft (CARRT), joined by local officials and business leaders, convened a roundtable yesterday to tackle retail theft and discuss the implementation of Proposition 36.

“Nine months into the implementation of Prop 36 we’re seeing a positive impact on public safety. The results are encouraging, and Prop 36 is helping restore the rule of law while also giving hope to businesses that have long faced repeat theft threatening the safety of their employees and customers. By pairing accountability with treatment and rehabilitation, the data shows this law is beginning to tackle the root causes of habitual criminal behavior.” —San Diego County District Attorney Summer Stephan

The discussion highlighted how Prop 36 provides new tools to combat repeat theft while supporting rehabilitation programs addressing addiction, homelessness, and fentanyl abuse.

Early results in San Diego are promising: over 2,100 cases have been charged locally, with data showing the law is helping reduce repeat offenses.

Passed by California voters in November 2024, Proposition 36 became effective on December 18, 2024. It makes several key changes to state law regarding drug and theft crimes and their prosecution

Key provisions include:

Stricter consequences for repeat offenders: The law targets individuals involved in retail theft, "smash-and-grab" crimes, and organized theft rings.
Felony drug possession: It allows prosecutors to charge repeat offenders with a "treatment-mandated felony" for possession of drugs like fentanyl, heroin, and methamphetamine. This effectively rolls back some of the misdemeanor reclassifications made under Proposition 47 in 2014.
Treatment mandate: For certain repeat drug offenses, the law offers court-approved treatment as an alternative to incarceration. Defendants who successfully complete the treatment can have their charges dismissed. Those who fail to complete the program could face up to three years in prison.
Harsher penalties for dealers: Convicted drug dealers must receive a warning that they could be held responsible for a victim's death if they sell illegal drugs again and the person dies.
Fentanyl penalties: The initiative specifically includes fentanyl in measures that increase sentences for individuals with drug and theft convictions.

Impact on San Diego

Increased enforcement: As of early 2025, hundreds of individuals in San Diego County had already been booked under the new law, leading to more felony cases for prosecutors.
Treatment system strained: Reports in early 2025 indicated that, while more people were accepting treatment, the county's treatment system was struggling to keep up with the demand, particularly since the state had not provided specific funding.

Prop 36 represents a balanced approach—holding offenders accountable while providing pathways to recovery—and local leaders are calling for full state funding to expand these programs statewide.