California Voters Strongly Back Proposition 36 to Increase Penalties for Low-Level Crimes

A ballot measure to increase criminal penalties for low-level thefts and drug possession has overwhelming support among likely California voters, according to a new poll from the Public Policy Institute of California.

The poll found that 71% of likely voters supported Proposition 36, while just 26% planned to vote against it. The support is strongest among Republicans, but large margins of independents and Democrats also say they plan to vote yes.

Proposition 36 would roll back provisions of Proposition 47, a 2014 initiative that lowered criminal penalties for simple drug possession and shoplifting from a felony to a misdemeanor, resulting in fewer people being sent to prison and jail for those crimes. Proposition 47 directed the state to use the money it saved by keeping people out of prisons and jails — around $800 million a year — on rehabilitation and reentry programs. 

Proposition 36 would allow prosecutors to charge someone with a felony for shoplifting if they have been convicted of theft twice before. It would also allow prosecutors to charge drug users with a felony if they have two previous drug convictions and are caught with fentanyl, heroin, cocaine, meth or PCP. The nonpartisan Legislative Analyst Office estimates that Proposition 36 would increase the state prison population by a “few thousand” inmates and raise state prison spending by tens to hundreds of millions of dollars annually.

District attorneys support the measure, and it has also drawn support from Democratic mayors, including London Breed in San Francisco and Matt Mahan in San José. It’s opposed by criminal justice reform groups as well as Gov. Gavin Newsom and Democratic legislative leaders, who pushed through a series of alternative laws aimed at tackling retail theft and offering an alternative to Proposition 36.

Major retailers, including Home Depot, Target and Walmart, initially funded Proposition 36 to help it qualify for the ballot but have not contributed additional funds since then.

“It’s the measure on the ballot that the voters say they’re most interested in and in which they say the outcome is most important to them,” PPIC poll director Mark Baldassare said.

But he cautioned that most voters are only now starting to tune into this election, and the campaigns both for and against Proposition 36 are just getting underway.

“Attitudes can change about initiatives very quickly, depending upon what the voters hear,” Baldassare said. “But right now, it has overwhelming support.”

The PPIC poll also found strong support for other ballot measures, including Proposition 3, which would enshrine the right to same-sex marriage in the state constitution, and Proposition 4, which proposes $10 billion in state bonds for water, wildfire prevention and climate projects.

The survey also reflected overwhelming support for Vice President Kamala Harris in the presidential race against former President Donald Trump: She leads Trump by 60% to 29% among likely voters. Democrats are also in a strong position in the 10 competitive House district races that could determine which party controls Congress. PPIC found that 55% of voters in those districts say they’ll support Democrats, compared to 41% of voters who favor GOP candidates.

The poll was conducted between Aug. 29 and Sept. 9 among 1,071 likely voters. The sampling error is plus or minus 3.7%.