Prop 36

In CA, Proposition 36 just passed on the ballot and it wasn’t really close---about 70% to 30%. The one sentence summary from California’s voter guide reads that Prop 36 “Allows felony charges for possessing certain drugs and for thefts under $950, if defendant has two prior drug or theft convictions.” There were also some pro and con arguments that I thought were interesting. Here they are.

"Pro: Prop. 36 makes California communities safer by addressing rampant theft and drug trafficking. It toughens penalties for fentanyl and drug traffickers and "smash-and-grabs" while holding repeat offenders accountable. It targets serial thieves and encourages treatment for those addicted to drugs, using a balanced approach to fix loopholes in current laws.

"Con: Don't be fooled. Proposition 36 will lead to more crime, not less. It reignites the failed war on drugs, makes simple drug possession a felony, and wastes billions on prisons, while slashing crucial funding for victims, crime prevention, treatment, and rehabilitation. This puts prisons first and guts treatment. Vote No."

Clearly discerning the effectiveness of this law is right in our wheelhouse. I feel like I should know exactly how to side, but this law feels different because it passed so easily in one of the most progressive states in the country. California has long been at the forefront of criminal justice reform by passing laws that reneged on previous “tough on crime” drug laws. In fact, that’s what Prop 36 is repealing. Ten years ago some forms of theft and drug were laxed; now it seems Californians have deemed their progressive reforms a failure and want to take it all back. 

Consider for next week whether this is justified reaction to anything that has happened in the last ten years or a shortsighted, emotional response to how media portrays crime since the pandemic. We’ll discuss next week.