Proposition 36, ‘Homelessness, Drug Addiction, and Theft Reduction Act’ in effect December 18

On November 5, 2024, California voters passed Proposition 36, known as “The Homelessness, Drug Addiction, and Theft Reduction Act.” Proposition 36 takes effect on December 18, 2024.

Proposition 36 modifies existing law and adds charges and enhancements to areas of the Penal Code and Health and Safety Code regarding theft, property damage, and drug related crimes.

The changes include: (1) the creation of new felony theft and drug crimes for repeat offenders; (2) removal of eligibility for the sentences of some offenses to be served in county jail as opposed to state prison; and (3) alignment of the punishment for crimes involving fentanyl with that of other similar controlled substances.

Some of the enhancements for theft and property damage include harsher punishments for possessing, receiving, or selling stolen property, as well as creation of a new Penal Code relating to offenders working with two or more persons to take, attempt to take, damage, or destroy property while committing a felony.

For drug related crimes, Health and Safety Code sections have been changed to address drug sales of Fentanyl, as well as changes in punishment for repeat offenders of drug related crimes.

More information is available about Proposition 36 from California Attorney General Rob Bonta: https://oag.ca.gov/news/press-releases/attorney-general-bonta-releases-law-enforcement-bulletin-proposition-36