Prop 36 provides people who have drug problems with an incentive to go to drug counseling instead of gong to jail.  It also creates disincentives for criminal behavior by holding criminals accountable for the damage they do to others.

BEWARE of MISLEADING CLAIMS
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Voting yes or no based on the TITLE of a ballot proposition is like voting based on a bumper sticker or “Click Bait” on an internet site.  They are designed by very talented people to attract your attention to entice you to follow their way of thinking, which is to convince you to do something. 

Make no mistake, we want you to do something too.  We want you to see both sides and make a decision based on evidence and facts and not emotion.  

We believe the Ballot Title for Prop 36, which was written by State operatives, is misleading. The official title says: ALLOWS FELONY CHARGES AND INCREASES SENTENCES FOR CERTAIN DRUG AND THEFT CRIMES

The intent of Prop 36 is to be preventative first. But the TITLE puts punishment first.

We believe the emphasis should be on preventive measures – give the person arrested for drugs the option of going to a drug rehab course versus going to jail.

Please give us a moment to explain. 

Ten years ago, Prop 47 passed by a vote of the people. Just like this proposition (Prop36), the 2016 proposal (Prop 47) had an innocuous title: “Criminal Sentences. Misdemeanor Penalties.”

If the title is a headline or “click bait” we need to think beyond the slogan: What does it mean? 

Back in 2016, police chiefs, sheriffs, and law enforcement associations including Fontana POA, warned that Prop 47 would be an incentive: 

• To increase thefts and drug use
• Theft would eventually get out of control because there would be no consequences
• Drug use and homelessness would increase because the alternative of drug rehab would be limited and there would be no consequences for drug use

Fast forward to 2024, the results of Prop 47 have been worse than we thought. A significant number of business owners, politicians, and legal professionals believe Prop 47 caused and contributed to increases in:

• Theft
• Drug use
• Homelessness
• Business closures
• Shuttered stores  

This is not a politically left or right issue. It is not Democrat or Republican. It is about common sense and love of our state. And quite frankly, concern for those caught in the sticky web of drugs.

There is a sizable number of high-profile elected officials on the left who have had enough of the chaos and they vocally support Prop 36. Some of those include mayors London Breed of San Francisco, Todd Gloria of San Diego, Bobbie Singh-Allen of Elk Grove, and Matt Mahan of San Jose.  

The intent of Prop 36 is to reverse the worst parts of the Prop 47 disaster.  

‍First, it focuses on treatment instead of jail for drug possession crimes. If Prop 36 passes, drug treatment services will be expanded, because a person convicted of a drug crime will have the choice to complete a drug treatment program or go to jail. Before Prop 47, adjudication of drug crimes included a drug treatment option, but the drug treatment option was effectively eliminated when Prop 47 passed. Prop 47 eliminated the incentive to go to a rehab program. 

‍Second, courts must warn people who are convicted of selling or providing illegal drugs, that they may be charged with murder if someone dies because the drug dealer continues selling / providing drugs. This is very important in light of the deadly drug fentanyl problem.

‍Third, it increases punishment for some crimes. However, a recent flurry of bills signed by Gov. Newsom addressed some of the problems created by Prop 47, but the newly signed bills have a “poison pill.”  If Prop 36 passes, the ten bills recently signed by Gov Newsom will be nullified. Why? If the legislation is good enough to be signed into law, why put in a poison pill to nullify them if Prop 36 passes? 

Many news outlets have speculated that the reason is pure politics. We don’t know, but it is an important question for all of us to ask. Let’s shift back to 2016 and look at Prop 47’s sister initiative: Prop 57. Both 47 and 57 passed in Nov. 2016.

To give us an idea of how horrible Prop 57 has been, this is a list of crimes which were re-classified under Prop 57 as non-violent: 

• rape of an unconscious person
• pimping a child for sex
• domestic violence
• hate crimes
• assault with a deadly weapon, and 
• drive-by shootings, to list some of the most egregious.  

How can one possibly associate assault with a deadly weapon and rape as a non-violent crime? We believe California voters would have never voted for Prop 57 if they knew it contained that language. It is time to find a balance and restore some semblance of sanity to California. 

Vote YES on Prop 36.

Sources: Prop 36 (2024); Prop 47 (2016) Prop 57 (2016), Calif. Attorney Gen.; Calif. Legislative Analyst; Sac Bee; Cal Matters; KQED NPR Sacramento; ABC News Bay Area; Fox40 Sac; Shouse Law Group Channel; Vera Institute; OC Register; USA Today; KRCA Sac.