California Proposition 36 – Penalties for Theft and Drug Crimes

California Proposition 36, also known as the Homelessness, Drug Addiction, and Theft Reduction Act, is a significant legal reform affecting criminal charges for theft and drug-related offenses. The initiative aims to increase penalties for repeat offenders while offering rehabilitation options for certain drug-related convictions. Understanding how this law impacts theft crimes, drug offenses, and sentencing guidelines is crucial for individuals facing criminal charges in California.

Proposition 36 was enacted on December 18, 2024, introducing stricter penalties for non-violent drug offenses and theft crimes. This law aims to address increasing crime rates by imposing harsher punishments on repeat offenders while providing alternative sentencing for individuals struggling with drug addiction.

• “Wobbler” Offenses: Certain crimes can be charged as either misdemeanors or felonies, depending on the defendant’s criminal history.

• Increased Sentences: Repeat offenders with two prior drug or theft convictions face enhanced penalties.

• Stronger Consequences for Fentanyl and Other Hard Drugs: The law imposes tougher penalties for the distribution and possession of fentanyl, heroin, methamphetamine, and cocaine.

• Expanded Felony Charges for Theft: The aggregation of stolen goods’ value from multiple thefts now determines whether a crime qualifies as a felony.

• Mandated DNA Collection: Those arrested under Proposition 36 must provide a DNA sample.

• H&S § 11369 (“Alexandra’s Law”): Requires a court to warn convicted hard drug dealers that they can be charged with murder if they traffic in hard drugs and someone dies as a result (i.e., similar to Watson advisements in DUI cases).

• H&S § 11370.1: Adds fentanyl to existing law that prohibits the possession of a hard drug while armed with a loaded firearm.

• H&S § 11370.4: Adds a new crime for trafficking fentanyl in high quantities and requires a state prison sentence instead of county jail for any violation.

• PC § 12022(c): Convicted drug dealers must be sentenced to state prison instead of county jail when trafficking while armed with a firearm.

• PC § 12022.7: Allows a “great bodily injury” (GBI) enhancement (a “strike”) if someone suffers serious injury or death from using drugs that were sold, furnished, administered, or given to them by the offender.

• PC § 490.3_: Permits aggregating (combining) the value of property or merchandise stolen during multiple thefts to meet the felony $950 threshold.

• PC § 12022.6: Re-enacts a version of the excessive takings enhancement, which provides for increased punishment for taking or damaging property worth more than $50,000.00.

• PC § 12022.65: Creates a new enhancement for acting in concert with two or more persons to take, damage, or destroy property in the commission or attempted commission of a felony.

Under California Proposition 36, individuals convicted of possessing illegal substances like fentanyl, heroin, and methamphetamine with two prior drug convictions could face up to three years in county jail or state prison. However, some offenders may qualify for court-ordered rehabilitation instead of custody.

• A defendant with two prior theft or drug convictions may now face felony charges, even for offenses previously treated as misdemeanors.

• Crimes involving large-scale drug trafficking or organized theft rings carry longer sentences.

• Courts now provide advisements to convicted drug traffickers, warning them of murder charges if their drugs lead to a fatal overdose.

Proposition 36 recognizes that addiction is a public health issue. Eligible individuals may opt for drug treatment programs instead of incarceration. If successfully completed, their conviction can be removed.

If you are facing charges under Proposition 36, an experienced Los Angeles criminal defense lawyer can build a strong defense. Common legal defenses include:

Prosecutors must prove that the defendant intended to commit theft or drug possession. If intent cannot be established, charges may be reduced or dismissed.

Evidence obtained through illegal police searches may be deemed inadmissible in court. A skilled attorney can challenge the legality of the search that led to your arrest.

If the prosecution lacks substantial evidence, your lawyer can argue for case dismissal or reduction of charges.

Being accused of a crime can be overwhelming. Taking immediate action can significantly impact your case’s outcome.

The first step is to consult with a knowledgeable Los Angeles criminal defense lawyer who understands California Proposition 36 and its comprehensive implications.

Documenting evidence, including surveillance footage and witness statements, can strengthen your defense.

Never discuss your case with law enforcement without legal representation. Anything you say can be used against you in court.

DCD LAW specializes in criminal defense cases and has a proven track record of helping clients facing theft and drug crime charges.

We at DCD LAW have extensive experience handling cases under California Proposition 36. With in-depth knowledge of felony sentencing laws, we work to achieve the best possible outcomes for our clients.

DCD LAW customizes defense strategies based on the specific details of each case. Whether arguing for alternative sentencing or challenging the prosecution’s evidence, we fight diligently to protect your rights.

Choose DCD LAW for experienced, skilled criminal defense. Our dedicated team offers personalized strategies, expert legal counsel, and a commitment to achieving the best possible outcomes for your case. With a proven track record, we handle a wide range of criminal charges.

Trust DCD LAW to protect your rights and fight for your future every step of the way.