Prop 36 explained: Toughening up consequences for hard drug and theft crimes in California
Proposition 36 asks California voters to broadly increase the penalties for fentanyl dealers and theft crimes by reclassifying some that are currently misdemeanors as felonies.
The measure attempts to undo parts of Proposition 47, which voters approved a decade ago, that loosened the penalties around the crimes.
The issue has divided Democrats, with several mayors and district attorneys backing the measure, while California's top Democratic leaders have been trying to fight this measure since the start of the year. Gov. Gavin Newsom, Assembly Speaker Robert Rivas and Senate Pro Tem Mike McGuire have all repeatedly stated they do not think Prop 47 needs change.
They first tried to negotiate it off the ballot by introducing several proposals to crack down on organized theft rings. Legislative leaders tried to say their proposed laws would have legally clashed with Prop 36 to justify a move that would have canceled those organized theft laws if voters approved this measure. Democratic legislative leaders scrapped the plan and eventually passed the proposals.
Gov. Newsom also made a last-minute attempt to get a competing crime measure on the November ballot but ended up canceling the effort.
Who supports it?
Various law enforcement and business groups back the measure, plus elected officials from both parties. That includes San Francisco Mayor London Breed, San Diego Mayor Todd Gloria, San Jose Mayor Matt Mahan, Sacramento District Attorney Thein Ho, Elk Grove Mayor Bobbie Singh-Allen and various Assemblymembers and State Senators.
It also includes parents who have lost loved ones to fentanyl poisoning and who have felt their voices have not been heard at the state capitol. Several proposals that are part of Prop 36, including increased penalties for fentanyl dealers and a court warning for those who deal fentanyl again and someone dies, have failed to move through the state capitol.
How much have supportive campaigns raised?
According to the latest state campaign finance data, the effort has raised $9.9 million. Top funders include Walmart with $2.5 million and Home Depot and Target with $1 million each.
Who opposes it?
As mentioned above, Democratic leaders including Gov. Newsom, Speaker Rivas and Senate Pro Tem McGuire are opposed. Criminal justice reform advocacy groups including the ACLU, Ella Baker Center, Californians for Safety and Justice and the California Progressive Caucus are opposed.
At a news conference in early September, the groups warned it would turn California back to the "War on Drugs 2.o." The groups have been warning this could swell the state's prison population and cost taxpayers a lot of money to enforce.
Some lawmakers also blamed "the media" for constantly running stories on thefts and have questioned if perception matches reality when it comes to these crimes.
How much have opponents raised to fight it?
So far opponents have raised $1.5 million. Top funders include philanthropists Patty Quillin, who is married to Netflix CEO Reed Hastings with $500,000, and Stacy H. Shusterman with $300,000.
For more information about the November election, including key issues and other races on the ballot, check out the KCRA 3 Voter Guide. Find more political news from our national team here.