36: Increase penalties for theft and drug trafficking
Yes: This measure repeals parts of Prop 47 from 2014, which raised the threshold to charge a felony vs a misdemeanor to $950 for theft and similarly for certain drug crimes. This year’s measure also creates a felony category that would waive charges if participants successfully completes a drug treatment program.
I’m quite conflicted on this measure. I think the perception, but also too often the reality, is that there are few consequences for certain crimes, especially shoplifting and drug-related ones. This raises costs for consumers, hollows out commercial districts, and contributes to homelessness. Equally, the data for decades doesn’t show locking up many people who have an underlying medical condition as an effectively way to combat criminal behavior once they depart prison; in fact, Prop 47 is estimated to have saved the state $1 billion, which instead was used for the very programs we need to reduce recidivism and homelessness.
The opposition to this measure is notable, as it’s not just the traditional left: it includes Gov. Newsom (someone not known for his political courage) and fairly mainstream newspapers.
On balance, I think this measure is worth supporting. I think enough theft is happening due to organized crime — crimes of opportunity, not just crimes of desperation — that we need to raise the consequences for bad behavior.