CA Ballot Measure Restores Consequences for Drugs and Theft

A ballot measure recently authorized for signature gathering would roll back provisions of California’s Proposition 47, which turned drug possession, drug trafficking, and theft into misdemeanors. If adopted by state voters next November, “The Homelessness, Drug Addiction, and Theft Reduction Act” would give prosecutors the discretion to charge hard drug addicts with a “treatment-mandated felony” after two previous drug convictions. Offenders charged with the “treatment-mandated felony” would be given the option to complete a drug and mental health program or serve time in jail. After a fourth conviction, judges would have the option of sentencing the offenders to jail or state prison. The act would also increase penalties for drug dealers and allow judges to sentence dealers who possess firearms to state prison, rather than county jail. It would also categorize non-prescription fentanyl as a hard drug and allow dealers who sell a fatal dose to be prosecuted for second-degree murder.

The act would allow prosecutors to charge thieves with two prior misdemeanor theft convictions with a felony punishable with a possible jail sentence, regardless of value of the stolen property. A thief receiving a fourth conviction may be sentenced to prison. For a thief arrested for multiple thefts, the value of the stolen property can be added together to exceed Proposition 47’s $950 limit, allowing the thief to be charged with a felony. The act provides increased penalties for groups of thieves who work together and for thieves who steal or damage property valued at $50,000 or more.

For all of these offenses, the judges will retain the discretion to tailor the punishment and/or treatment to individual offenders.

These are modest but much needed reforms to address the current out-of-control drug trafficking, drug addiction, and theft plaguing California cities and towns.