California voters are considering whether to roll back some of the criminal justice reforms enacted a decade ago as concerns about mass incarceration give way to public anger over property crime and a fentanyl crisis that has plagued the state since the covid-19 pandemic hit. Proposition 36, on the November ballot, would unwind portions of a 2014 initiative, known as Proposition 47, that reduced most shoplifting and drug possession offenses to misdemeanors that rarely carried jail time. Critics say that has allowed criminality to flourish and given those suffering from addiction little incentive to break the cycle.
The law also has become a political weapon for former President Donald Trump and other Republican politicians who have tried to tie it to Vice President Kamala Harris to paint her as soft on crime. As California attorney general she took no position on the issue. Much of the Proposition 36 debate has focused on the increased penalties for shoplifting, but the drug policy changes are even more dramatic.
In addition to boosting penalties for some drug crimes, the measure would create a new "treatment-mandated felony" that could be imposed on people who illegally possess what are called "hard" drugs, including fentanyl, heroin, cocaine, and methamphetamine, and have two or more prior convictions for certain crimes. Those who admit to the new felony would be required to complete drug or mental health treatment, job training, or other programs intended to "break the cyc.