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Californians overwhelmingly pass anti-crime Proposition 36

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November 6, 2024
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California voters approved by a massive margin a ballot measure to more harshly punish certain crimes.
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California voters approved by a massive margin a ballot measure to more harshly punish certain crimes — with the initiative garnering a whopping 70.6% support with nearly 7.6 million ballots counted.

The outcome of the state’s Proposition 36 reflected a backlash to light penalties for shoplifting and drug-related crimes — and passed despite opposition to the reform from Democratic Gov. Gavin Newsom.

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Prop 36 authorizes felony charges for possession of drugs including fentanyl and for thefts under $950 if the offender has two prior drug or theft convictions, according to the official summary of its provisions.

The nascent law creates a new category of crime called “treatment-mandated felony” that allows a person to have their drug conviction set aside if they complete rehab.


California voters approved by a massive margin a ballot measure to more harshly punish certain crimes.
California voters approved by a massive margin a ballot measure to more harshly punish certain crimes. AP

“Defendants who plead guilty to felony drug possession and complete treatment can have charges dismissed,” according to the measure’s summary.

Newsom strongly opposed the measure, saying that “Prop 36 takes us back to the 1980s, mass incarceration — it promotes a promise that can’t be delivered.”


Democratic Gov. Gavin Newsom strongly opposed the measure, saying that “Prop 36 takes us back to the 1980s, mass incarceration — it promotes a promise that can’t be delivered.”
Democratic Gov. Gavin Newsom strongly opposed the measure, saying that “Prop 36 takes us back to the 1980s, mass incarceration — it promotes a promise that can’t be delivered.” Getty Images

“Yes on Prop 36” advocates argued the tougher hand was necessary to preserve quality of life for residents, running ads noting the impact of shoplifting, which forced stores to inconvenience ordinary shoppers by locking up items and raising prices.

The group behind the initiative also argued it offered a balanced approach to drug users by adopting similar treatment-mandated sentences as exist in other states.

The measure’s victory was projected by major news outlets with roughly 56.6% of ballots counted.



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