New Law Imposes Harsher Penalties for Shoplifting and Drug Possession in California

On November 5, 2024, California voters approved Proposition 36, the “Homelessness, Drug Addiction, and Theft Reduction Act,” introducing significant changes to the state’s criminal justice system, particularly concerning drug and theft-related offenses. The implications of this new law, which went into effect on December 18, 2024, for individuals facing such charges make it more important than ever to hire quality legal counsel for the best chance at a favorable outcome in your case. Learn more below about the changes wrought by Prop 36, and contact Attorney John D. Lueck in Rancho Cucamonga for help from a skilled and experienced San Bernardino County criminal defense lawyer.

Key Provisions of Proposition 36

Reclassification of Certain Offenses

Individuals with two or more prior convictions for specific drug or theft crimes can now face felony charges for subsequent offenses, even if the value involved is under $950. ​Shoplifting less than $950 and drug possession were made misdemeanors in 2014 with the passage of Prop 47, but 2024’s Prop 36 undoes those changes to an extent. Certain drug and theft offenses will now be “wobblers,” meaning they can be charged as either misdemeanor or felony offenses. These new wobblers include:

• Possession of a hard drug (including fentanyl, meth, cocaine and heroin) with two prior drug-related convictions
• Shoplifting or Petty Theft with two prior theft-related convictions

Individuals convicted of these new wobbler offenses face sentences ranging from probation with treatment programs to up to a year in county jail or three years in state prison, depending on how the offense is charged and adjudicated.

Introduction of “Treatment-Mandated Felonies”

For specific drug offenses, courts may impose a “treatment-mandated felony.” Defendants who plead guilty or no contest can undergo drug treatment instead of serving prison time. Successful completion of the program may lead to dismissal of charges, while failure could result in up to three years in state prison. ​This is another provision that undoes a portion of Prop 47 from 2014.

Aggregation of Stolen Property Values

Proposition 36 allows prosecutors to aggregate the value of stolen property from multiple theft incidents to meet the $950 threshold for felony charges. This prevents offenders from exploiting the misdemeanor limit by committing several smaller thefts to avoid felony charges. ​

Enhanced Penalties for Organized Theft

The law increases penalties for theft or property damage crimes committed by groups of three or more individuals. ​This provision is aimed at highly publicized “smash-and-grab” robberies that have occurred in convenience stores, shopping malls and other businesses.

Mandatory Sentences for Drug Trafficking

Certain drug-related felonies, such as drug dealing, now require sentences to be served in state prison rather than county jail. ​

Judicial Warnings for Drug Offenders

Courts are mandated to inform individuals convicted of specific drug offenses that future violations resulting in death could lead to murder charges. This advisement is similar to the “Watson” advisement given in DUI cases, where offenders are warned that future DUI incidents resulting in death can lead to murder charges. ​

Implications for San Bernardino County Residents

The enactment of Proposition 36 signifies a shift toward stricter penalties for repeat offenders and those involved in organized criminal activities. While the initiative aims to address issues like homelessness and drug addiction through a combination of punitive measures and mandated treatment, it also raises concerns about increased incarceration rates and the potential impact on marginalized communities. ​

For individuals in San Bernardino County facing charges under the new provisions of Proposition 36, it’s essential to seek experienced legal counsel. Understanding the nuances of this law and exploring options like treatment programs or alternative sentencing can be pivotal in achieving favorable outcomes.​ For example, the classification of certain drug and theft offenses as wobblers provides an opportunity for defense attorneys to advocate for misdemeanor charges over felony charges. An experienced criminal defense attorney can present mitigating factors, negotiate plea deals, and argue for alternative sentencing options, such as diversion programs or rehabilitation, to reduce the severity of the charges and potential penalties.​

Contact Attorney John D. Lueck for Criminal Defense in San Bernardino

As the legal landscape evolves, staying informed and proactive is crucial. If you or a loved one are affected by these changes, consulting with a knowledgeable criminal defense attorney can provide the guidance necessary to navigate this complex legal environment.

For help after an arrest for drug possession, theft, or other misdemeanor or felony offenses in San Bernardino County, contact Attorney John D. Lueck in Rancho Cucamonga at 909-484-1963 (office) or 909-646-2736 (mobile). Get the legal advice and representation you need when facing serious criminal charges.