Prop 36: What measure making penalties for certain crimes harsher could mean for California

SAN FRANCISCO (KGO) — Prop 36 was perhaps the most high-profile measure on the California ballot, calling for harsher penalties for theft and drug crimes.

The measure passed overwhelmingly, with more than 70 percent in favor.

Many voters in San Francisco explained what prompted them to vote for its passage.

“Existing at the mercy of criminals was very disappointing, very disheartening and I guess we had to hit rock bottom before finally, people woke up and realized, it’s time to take a different turn,” said Arkady Itkin.

Megan Loi said she was “not surprised” given her experience as a young woman, with concerns about safety.

Prop 36 would bring back harsher penalties, for theft and certain drug crimes. Issues that have plagued the Bay Area and the state in recent years.

Former San Francisco Mayor Willie Brown summed up community sentiment.

“They were really looking for relief from so many people allegedly committing, redefined, petty crimes and being able to get away with it.”

Prop 36’s passage reverses Prop 47, which passed in 2014, reducing some felonies to misdemeanors. Reclassification meant crimes such as repeat shoplifting merchandise under $950 carried a much lighter sentence.

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“On a felony, you can get up to a year in the county jail or go to prison on a misdemeanor… misdemeanors aren’t going to jail, or there’s very minimal time… a weekend sometimes,” said San Mateo County District Attorney Steve Wagstaffe.

Drug crimes under Prop 36, such as fentanyl trafficking, would become felonies.

“It was not in the category of cocaine, meth, or PCP. It was like a possession of a non-prescription drug.”

Opponents of the measure, which includes Governor Gavin Newsom say Prop 36 would further crowd the jail system and disproportionately affect communities of color.

The “CURB Coalition,” which advocates reducing prison spending, released this statement Wednesday, condemning Prop 36’s passage, calling it a “setback” and “misguided attempt to revive the failed war on drugs.”

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“I don’t believe that’s going to be the case I think more in talking to my fellow DA’s across the state, more want to implement the purpose and use this as a tool to try and get a segment of our population into treatment,” says Wagstaffe.

Despite SFPD reporting overall crime down 30.6% compared to this time last year that drop wasn’t enough for the voters we spoke with who overwhelmingly agreed that Prop 36 would be the start of a safer state.

“Right now, the city is having an outcry because they want some change and help.” Said Cecilia Orellana whose family experienced a car-break in.

For Itkin, he’s unsure of how much change the passage of the proposition will make, but says he’s “hoping it’ll have SOME impact.”