On November 5, California voters passed Proposition 36 into law by an overwhelming vote of 68.4%. The measure was backed across party lines, and passed in every single county in California. A September 2024 poll by the Public Policy Institute of California reported that 26% of voters believed Prop 36 was the most significant ballot measure.

What does Prop 36 do?

The proposition cracks down on crime, meaning that certain drug and theft crimes recieve increased punishment. 

Most notably, third-time drug offenders can be charged with a felony and required to recieve treatment for substance abuse or mental health. Also, Prop 36 makes theft under $950 a felony if the individual in question is a third-time offender. However, the complete analysis of Prop 36 can be found at the end of this post.

What’s happening now?

Despite its overwhelming support, many counties have had difficulty implementing Prop 36 due to insufficient funding and treatment options. For instance, in Orange County, over 500 individuals were charged, but only seven entered treatment, three of whom absconded. 

In response, Republican state lawmakers appealed to Newsom, urging him to allocate funds to support implementation. State Senator Tom Umberg introduced legislation to aid Prop 36’s implementation in Senate Bill 38. This bill makes drug and collaborative courts eligible for grants which allows them, as well as other public entities, to apply for funding.

Some counties are implementing Prop 36 cases into existing drug courts and justice programs, but others, including Orange County, plan on creating standalone courts. Propo 36 faces intense criticism because many individuals are convicted on treatment based felonies when treatment simply isn’t available.

In the future

The Director of Criminal Justice Services within the state’s Judicial Council, Francine Byrne, estimated that 30,000 cases would be filed as felonies instead of misdemeanors each year. It is projected to increase the prison population by 3,300 members within the next year, according to Governor Newsom’s January budget. 

It remains to be seen how courts and local governments will overcome pressing issues with funding and treatment options to support Prop 36 in the years to come.