Roneet Lev, MD, FACEP
Executive Director, IEPC

California needs Prop 36, the Homelessness, Drug Addiction, and Theft Reduction Act. emergency physician witness daily California’s crisis of homelessness, addiction, and medical consequences of crimes. This proposition offers a solution.

Prop 36 seeks to reform parts of Proposition 47, passed in 2014. Changing the old Prop 47, a state passed referendum cannot occur with regular legislation, it requires a new state proposition, hence the new and improved Prop 36.

The problematic old Prop 47 reduced theft and hard drug possession penalties. Unfortunately, it led to the unintended consequences.

Theft of anything less than $950 was reduced from a felony to a misdemeanor. Today there are regular smash and grab thefts just under the $950 but occurring multiple times. Criminals have learned they can repeatedly steal under $950 with little consequence. A misdemeanor conviction punishment can be a fine or supervision by a probation officer. There is lack of incentive not to steal, resulting in individuals stealing over 25 times from a single store. This level of theft has adversely affected retailers and consumers. Yes on Prop 36 allows the first two thefts under $950 to remain a misdemeanor, but a person’s third theft conviction would be a felony regardless of amount.

Drug possession for personal use is now charged as a misdemeanor. Yes on Prop 36 will add fentanyl to a list of hard drugs like heroin and methamphetamine that are considered a felony depending on the amount that is sold or they are armed with a firearm while trafficking drugs. The measure authorizes greater consequences when fentanyl is intentionally sold to someone who dies. Parents whose children died after they took what they thought was a Xanax or Oxy have not been able to get justice for their loved one. They support this measure.

Because of the old Prop 47, California lost its incentive for repeat legal offenders to obtain drug treatment. Prop 36 allows a judge to recommend mandatory drug treatment instead of incarceration. If a person successfully completes treatment, their charges would be dismissed. Family and friends of loved ones say they wish their loved one went to jail or treatment rather than overdose on fentanyl because of their addiction. This is how Prop 36 can save lives.

Prop 36 is a balanced approach supported by Democrats, Independents, Republicans, social justice organizers, crime victims, and drug survivor advocates.

Read more on Yes on 36. Notice the long lost of bipartisan and non-partisan supporters.