ARGUMENT IN FAVOR OF PROPOSITION 36

YES ON PROP. 36: TOUGHER LAWS TO MAKE OUR COMMUNITIES SAFER AND HOLD REPEAT CRIMINALS ACCOUNTABLE

California is suffering from an explosion in crime and the trafficking of deadly hard drugs like fentanyl. Prop. 36 will fix the mess our politicians have ignored for far too long. It is a balanced approach that corrects loopholes in state law that criminals exploit to avoid accountability for fentanyl trafficking and repeat retail theft.

YES ON PROP. 36: TOUGHER LAWS TO STOP "SMASH-AND-GRAB" THEFTS

The explosion in retail theft has caused stores across California to raise prices, lock up items, and close their doors. Prop. 36 increases penalties for smash-and-grab crimes when three or more people act together to commit theft. It also allows prosecutors to file felony charges if a defendant has two or more prior theft convictions.

"California needs Prop. 36's tougher laws against smash-and-grab thefts so we can keep small businesses open in every community."—Robert Rivinius, Executive Director, Family Business Association of California

YES ON PROP. 36: TOUGHER PROSECUTION OF SERIAL THIEVES

Under current California law, thieves can get away with the equivalent of a TRAFFIC TICKET if the value of items stolen in one instance is $950 or less. That means someone can steal an UNLIMITED amount—so long as each individual crime is not over $950—and likely avoid jail time and even arrest.

"Prop. 36 will allow prosecutors to combine the value of items stolen from multiple thefts and increase accountability for serial thieves."—Mike Hestrin, Riverside County District Attorney

YES ON PROP. 36: TOUGHER PENALTIES FOR FENTANYL TRAFFICKING

Fentanyl is one of the top killers in California, with more young people dying of drug overdoses than car accidents. Yet fentanyl is treated less seriously than methamphetamine, heroin, PCP, and cocaine when offenders are armed with a firearm. Prop. 36 will close this loophole while increasing penalties for trafficking large quantities and when a trafficker sells drugs to someone who dies as a result.

"Fentanyl has killed too many people, yet traffickers can avoid the consequences. We need Prop. 36 because no parent should ever have to bury another child killed by fentanyl poisoning."—Gina McDonald, Co-Founder, Mothers Against Drug Addiction and Deaths

YES ON PROP. 36: HOLD CAREER CRIMINALS ACCOUNTABLE AND ENFORCE DRUG TREATMENT REQUIREMENTS

In California, criminal justice reforms have advanced equity and reduced incarceration rates. But the unintended consequences of these policies include an epidemic of drug use, trafficking, and repeat retail theft because the people committing these crimes don't face any serious consequences.

"Prop. 36 will make our justice system fair and create effective tools for holding individuals accountable for their crimes and helping those who suffer from addiction to hard drugs get the necessary treatment to begin new lives."—Rev. Jonathan Moseley, Western Regional Director, National Action Network Los Angeles

VOTE YES ON PROP. 36 FOR SAFER CALIFORNIA COMMUNITIES

Prop. 36 will toughen California's laws on "smash-and-grab" theft and fentanyl trafficking. That's why small businesses, law enforcement, social justice, crime victims', and drug survivors' advocates, along with 900,000 Californians support Prop. 36.

Read it for yourself at VoteYesProp36.com.

Gregory Totten, Chief Executive Officer

California District Attorneys Association

Harriet Salarno, Founder

Crime Victims United

Michael Hedges, President

California Small Business Association

REBUTTAL TO ARGUMENT IN FAVOR OF PROPOSITION 36

Retail theft and fentanyl are real problems. Californians deserve real solutions. Prop. 36 is a false promise, not a fix. Prop. 36 will reignite the failed war on drugs, wasting billions on jails and prisons, and slashing crucial funding for crime prevention, treatment, victims, and rehabilitation. That will mean more crime, not less.

Prop. 36 makes simple drug possession a felony, costing taxpayers billions in incarceration without reducing crime. The nonpartisan Legislative Analyst Office concluded the measure will require the state to spend billions more on prisons over the next several years. That means bigger cuts to schools, healthcare, and other essential services.

The measure is also so poorly drafted that it will simply create confusion in the courts and not lead to higher penalties in many retail theft cases.

In the last two years, state leaders increased funding for retail theft prosecutions and fentanyl trafficking, leading to more convictions. Lawmakers continue to pass strong new laws targeting retail theft rings, illegal online markets, and fentanyl.

California law already requires felonies for smash-and-grab robberies, drug trafficking, and repeat theft, and these serious crimes can lead to tough penalties. There is no loophole—under current law, fentanyl traffickers and repeat thieves can and do spend years behind bars. Prop. 36 doesn't fix anything—it's about funding prisons instead of treatment and prevention. This sends California backward, not forward.

Don't be fooled by false solutions. Vote No on Prop. 36.

Cristine Soto DeBerry, Executive Director

Prosecutors Alliance Action

Don Frazier, Executive Director

Reentry Providers Association of California

David Guizar, Co-Founder

Crime Survivors for Safety and Justice

ARGUMENT AGAINST PROPOSITION 36

VOTE NO ON PROP. 36! THIS IS A WASTEFUL APPROACH THAT MAKES CALIFORNIA LESS SAFE. PROP. 36 is an extreme measure that will waste $750 million in taxpayer dollars; cut funding from mental health, drug treatment, and rehabilitation programs; and do nothing to make us safer.

PROPOSITION 36 IS THE WRONG ANSWER. We must have an all-of-the-above approach to stop fentanyl use and improve public safety, but PROP. 36 is the opposite of that. This is a one-size-fits-all prison-first approach. It will lock up people who are not a danger, slash desperately needed money from proven crime prevention and treatment programs, and cost taxpayers hundreds of millions more on prisons.

PROP. 36 IS TOO EXTREME. Prop. 36 is so extreme that stealing a candy bar could lead to felony charges. It is a gross overreach that brings back 1980s “drug war” style tactics that packed our state prisons with people convicted of low-level drug offenses, harming public safety and damaging families and communities.

We must address persistent problems like theft and fentanyl, but we must use solutions that work and are targeted at the actual issue, instead of the scattershot failed solutions of the past. By making simple drug possession a felony, this measure will send thousands into state prison, drive up prison costs, and slash money for local safety programs. That will make crime worse, not better.

PROP. 36 STRIPS MONEY FROM CRIME VICTIMS, REHABILITATION, AND MENTAL HEALTH. Prop. 36 will strip millions away from dedicated funding that is spent on rehabilitation and services for crime victims, and it will expand the state prisons budget instead.

Local public safety programs that are working with law enforcement to prevent crime and stop people from cycling in and out of jails will LOSE funding if Prop. 36 passes.

These include effective recidivism reduction programs that get people struggling with mental health and addiction off the streets and into treatment, as well as trauma recovery centers for crime victims and programs providing truancy and dropout prevention for at-risk youth. These programs have a proven track record of stopping crime. We need MORE of these programs, working hand-in-hand with law enforcement, not less. This measure only locks more people up in state prison.

PROPOSITION 36 IS BEING PUSHED BY MAGA-REPUBLICANS. Don’t be fooled. Law enforcement leaders, crime victims, and rehabilitation experts oppose Prop. 36 because it slashes money for public safety, victims, and treatment programs that stop repeat offending.

EXPERTS ON CRIME, SPENDING, AND CRIMINAL JUSTICE AGREE: Prop. 36 will NOT make our communities safer. Prop. 36 WILL waste hundreds of millions of YOUR taxpayer dollars on methods that are proven to be inefficient and ineffective.

Voting for Prop. 36 would be a vote to cut money for treatment and victims and waste taxpayer dollars. Voting NO on Prop. 36 maintains serious penalties for drug trafficking and organized crime, and protects dedicated funding for treatment, crime prevention, and rehabilitation that successfully reduce crime and recidivism.

VOTE NO ON PROP. 36

More info: StopProp36.com

Diana Becton, District Attorney

Contra Costa County

William Lansdowne, Police Chief (ret.)

City of San Diego

Jess Nichol, Victim Advocate

Crime Survivors for Safety and Justice

REBUTTAL TO ARGUMENT AGAINST
PROPOSITION 36

YES ON PROP. 36: BALANCED, RESPONSIBLE SOLUTIONS TO RISING CRIME

California has a serious crime problem, and the politicians have failed to fix it. Prop. 36 is a tailored reform focused on the root causes of rising crime:

• Repeat retail theft
• Fentanyl trafficking
• Drug addiction without incentives for treatment

PROP. 36: TARGETED RESPONSE TO CALIFORNIA'S CRIME CRISIS

Prop. 36 increases penalties for smash-and-grab theft and serial thieves who victimize businesses repeatedly. No one will go to prison for "stealing a candy bar," and judges are given discretion to assess the severity of crimes for sentencing. Prop. 36 won't result in over-incarceration.

PROP. 36: SMART APPROACH TO TREATING DRUG ADDICTION

Prop. 36 does not automatically lock up drug users. Instead, it restores drug courts, providing offenders who've been convicted three times with incentives to complete drug treatment.

PROP. 36: SAVINGS FOR CONSUMERS AND TAXPAYERS

California small businesses and stores lost nearly $9 billion in 2022 from theft. Targeting the small group of criminals who repeatedly steal will result in huge savings for consumers. Treating addiction is a smart way to address illegal drug use and overdoses that cost California $60 billion annually for opioids alone, according to the CDC.

PROP. 36: TOUGHER PENALTIES AND ACCOUNTABILITY We shouldn't let the politicians tell us California's crime problem doesn't exist. Prop. 36 is a smart, balanced, and responsible approach of tougher penalties for targeted crimes and real accountability for public safety.

READ WHY PROP. 36 IS SUPPORTED BY DEMOCRATS AND REPUBLICANS, SMALL BUSINESSES, MAYORS, SOCIAL JUSTICE AND VICTIMS' GROUPS, AND LAW ENFORCEMENT

VoteYesProp36.com

Robert Rivinius, Executive Director

Family Business Association of California

Jay King, President

California Black Chamber of Commerce

Greg Van Dyke, President

California Consumer Advocates for Affordability and Safety