A black and white mid-rise apartment building is pictured at three-quarters view, revealing a pink side wall with a medical cross symbol on it. A small blue shape and a field of red dollar symbols are collaged to the left of the building.

Proposition 36

Should California roll back past reforms and make it easier to charge people with felony crimes and send them to jail or prison if they repeatedly shoplift, or possess some drugs, including fentanyl and methamphetamine?

Passes with majority vote.

Yes68.4%
10,307,296 votes
No31.5%
4,756,612 votes
Race called at 8:57 PM PT on November 5, 2024
99% of votes countedAssociated Press
This percentage is an Associated Press estimate of how much of the vote in an election has been counted. It is informed by turnout in recent elections, details on votes cast in advance and – after polls close – early returns. The estimate may fluctuate as election officials report additional results and AP learns more about how many voters have cast a ballot.

Results are provided by the Associated Press (AP). The AP calls races by analyzing vote tallies and other election data. Check marks are used to denote a result only when the AP calls a race.

Proposition 36 would roll back parts of a 2014 ballot measure (Proposition 47) which reclassified certain petty theft and drug possession crimes as misdemeanors instead of felonies. Proposition 36 would allow prosecutors to charge someone with a felony if they steal anything and have been convicted of theft twice before. It also lets prosecutors seek felony charges against people possessing drugs, including fentanyl, heroin and cocaine — although they could also be given the choice to enter drug treatment.

Yes Argument

California has a growing shoplifting and retail theft problem, driven by drug-addicted people who have no incentive to enter treatment. This measure would give prosecutors the power they need to crack down on repeat shoplifting offenders and compel drug users into treatment by providing a “stick” — potential jail or even prison time. The measure would help curb the state’s homelessness problem and lower overdose deaths by getting people the help they need.

No Argument

Proposition 36 would cost taxpayers up to $750 million a year and take money away from drug treatment, rehabilitation and victim services. Instead of funding drug treatment for people struggling with addiction, this measure would increase prison spending and bring back the war on drugs, leading to more crime. Police and prosecutors already have the tools they need to crack down on retail theft and other property crimes, and this measure does nothing to fund drug treatment opportunities.

Fundraising
Campaign finance data comes from the California Secretary of State’s office or the Federal Election Commission.

Updated at 3:00 PM PT on Oct 31, 2024
Source: California Secretary of State
In Support
$16.2mTotal
Walmart
$3.5m
Home Depot
$1.0m
Target
$1.0m
California Business Roundtable
$901.1k
7-Eleven
$550.0k
In Opposition
$7.7mTotal
Patty Quillin
$1.5m
Stacy H. Schusterman
$1.0m
The Heising-Simons Action Fund
$645.0k
Mark W. Heising
$427.5k
Elizabeth Simons
$427.5k

Key Supporters

This list represents notable organizations and individuals who have taken a position on the ballot measure or candidate, or who are funding campaigns in support or opposition. This list is not exhaustive, and may be updated.

In Support

  • California District Attorneys Association
  • London Breed, mayor, San Francisco
  • Matt Mahan, mayor, San José
  • Walmart
  • Home Depot

In Opposition

  • Gavin Newsom, governor, California
  • Diana Becton, district attorney, Contra Costa County
  • William Lansdowne, former police chief, city of San Diego
  • ACLU of Northern California
  • Californians for Safety and Justice

Is California Back to Tough-on-Crime Policies? Not Necessarily

While California voters just rolled back some criminal justice reforms and ousted progressive prosecutors, even advocates for stricter enforcement say the results don’t signal a return to tough-on-crime policies of the past.

California Proposition Results: See How Every County Voted

Californians weighed in on 10 state propositions on the November ballot. These maps show where every county in the state landed on each of them.

Voters Overwhelmingly Approve Prop. 36, Ramping up Penalties for Theft and Drug Crimes

The tough-on-crime measure would allow prosecutors to charge repeat offenders with felonies instead of misdemeanors for low-level crimes like theft or drug use and, in some cases, offer drug treatment as an alternative to incarceration.

A watchtower at a prison, with prison walls and barbed wire in the foreground.

Can Tough-on-Crime Proposition 36 Solve Theft, Drug Use and Homelessness, Despite No New Funding?

Proposition 36 promises to address California’s crime and fentanyl challenges. However, with no new funding, experts warn it could actually reduce money for existing programs while increasing prison populations.

Tough on Crime Initiative Divides South Bay Democratic Candidates

Proposition 36, which would increase criminal penalties, is dividing Democrats and resulting in pointed attacks in several South Bay races that pit members of the same party against one another.

Oakland Nonprofit Urges No Vote on Proposition 36 to Protect Rehabilitation Funding

Oakland nonprofit BOSS warns that Proposition 36, backed by law enforcement and major retailers like Home Depot and Target, could divert $26 billion in taxpayer funds to prisons, harming rehab services.

More Statewide Propositions

A black and white mid-rise apartment building is pictured at three-quarters view, revealing a pink side wall with a medical cross symbol on it. A small blue shape is collaged to the left of the building.

Passes with majority vote.

Yes58.6%
8,820,842 votes
No41.3%
6,207,380 votes
Race called at 5:45 PM PT on November 6, 2024
99% of votes countedAssociated Press
This percentage is an Associated Press estimate of how much of the vote in an election has been counted. It is informed by turnout in recent elections, details on votes cast in advance and – after polls close – early returns. The estimate may fluctuate as election officials report additional results and AP learns more about how many voters have cast a ballot.
A black and white mid-rise apartment building is pictured at three-quarters view, revealing a pink side wall with a medical cross symbol on it. A small blue shape is collaged to the left of the building.

Passes with majority vote.

Yes62.6%
9,477,435 votes
No37.3%
5,658,187 votes
Race called at 10:30 PM PT on November 5, 2024
99% of votes countedAssociated Press
This percentage is an Associated Press estimate of how much of the vote in an election has been counted. It is informed by turnout in recent elections, details on votes cast in advance and – after polls close – early returns. The estimate may fluctuate as election officials report additional results and AP learns more about how many voters have cast a ballot.
A black and white mid-rise apartment building is pictured at three-quarters view, revealing a pink side wall with a medical cross symbol on it. A small blue shape is collaged to the left of the building.

Passes with majority vote.

Yes59.8%
9,055,116 votes
No40.1%
6,086,414 votes
Race called at 10:07 AM PT on November 6, 2024
99% of votes countedAssociated Press
This percentage is an Associated Press estimate of how much of the vote in an election has been counted. It is informed by turnout in recent elections, details on votes cast in advance and – after polls close – early returns. The estimate may fluctuate as election officials report additional results and AP learns more about how many voters have cast a ballot.
A black and white mid-rise apartment building is pictured at three-quarters view, revealing a pink side wall with a medical cross symbol on it. A small blue shape is collaged to the left of the building.

Passes with majority vote.

No55%
8,239,337 votes
Yes44.9%
6,738,890 votes
Race called at 8:39 AM PT on November 8, 2024
99% of votes countedAssociated Press
This percentage is an Associated Press estimate of how much of the vote in an election has been counted. It is informed by turnout in recent elections, details on votes cast in advance and – after polls close – early returns. The estimate may fluctuate as election officials report additional results and AP learns more about how many voters have cast a ballot.
A black and white mid-rise apartment building is pictured at three-quarters view, revealing a pink side wall with a medical cross symbol on it. A small blue shape is collaged to the left of the building.

Passes with majority vote.

No53.3%
7,882,137 votes
Yes46.6%
6,895,604 votes
Race called at 6:11 PM PT on November 10, 2024
99% of votes countedAssociated Press
This percentage is an Associated Press estimate of how much of the vote in an election has been counted. It is informed by turnout in recent elections, details on votes cast in advance and – after polls close – early returns. The estimate may fluctuate as election officials report additional results and AP learns more about how many voters have cast a ballot.
A black and white mid-rise apartment building is pictured at three-quarters view, revealing a pink side wall with a medical cross symbol on it. A small blue shape is collaged to the left of the building.

Passes with majority vote.

No50.7%
7,686,126 votes
Yes49.2%
7,469,803 votes
Race called at 5:03 PM PT on November 19, 2024
99% of votes countedAssociated Press
This percentage is an Associated Press estimate of how much of the vote in an election has been counted. It is informed by turnout in recent elections, details on votes cast in advance and – after polls close – early returns. The estimate may fluctuate as election officials report additional results and AP learns more about how many voters have cast a ballot.
A black and white mid-rise apartment building is pictured at three-quarters view, revealing a pink side wall with a medical cross symbol on it. A small blue shape is collaged to the left of the building.

Passes with majority vote.

No60%
8,975,542 votes
Yes39.9%
5,979,880 votes
Race called at 12:02 AM PT on November 6, 2024
99% of votes countedAssociated Press
This percentage is an Associated Press estimate of how much of the vote in an election has been counted. It is informed by turnout in recent elections, details on votes cast in advance and – after polls close – early returns. The estimate may fluctuate as election officials report additional results and AP learns more about how many voters have cast a ballot.
A black and white mid-rise apartment building is pictured at three-quarters view, revealing a pink side wall with a medical cross symbol on it. A small blue shape is collaged to the left of the building.

Passes with majority vote.

Yes50.8%
7,378,686 votes
No49.1%
7,121,317 votes
Race called at 5:34 PM PT on November 20, 2024
99% of votes countedAssociated Press
This percentage is an Associated Press estimate of how much of the vote in an election has been counted. It is informed by turnout in recent elections, details on votes cast in advance and – after polls close – early returns. The estimate may fluctuate as election officials report additional results and AP learns more about how many voters have cast a ballot.
A black and white mid-rise apartment building is pictured at three-quarters view, revealing a pink side wall with a medical cross symbol on it. A small blue shape is collaged to the left of the building.

Passes with majority vote.

Yes67.9%
10,124,174 votes
No32%
4,783,434 votes
Race called at 9:28 PM PT on November 5, 2024
99% of votes countedAssociated Press
This percentage is an Associated Press estimate of how much of the vote in an election has been counted. It is informed by turnout in recent elections, details on votes cast in advance and – after polls close – early returns. The estimate may fluctuate as election officials report additional results and AP learns more about how many voters have cast a ballot.