California News

CA Drug and Theft Proposition Takes Effect

California’s “Homelessness, Drug Addiction, and Theft Reduction Act” increases penalties for theft and drug charges.

December 20, 2024

CALIFORNIA — The State’s “Homelessness, Drug Addiction, and Theft Reduction Act” took effect on Wednesday, December 18th. The proposition increases penalties for theft and drug charges, particularly for repeat offenders. It partly repeals 2014 Proposition 47, which reclassified shoplifting and grand theft of property valued under $950 and most personal drug use as misdemeanors. The following are some of the key provisions.

Increased Theft and Drug Charge Penalties

Misdemeanor theft can become a felony if the individual has two or more previous convictions for theft-related crimes. Sentencing could include up to three years in state prison or county jail. The proposition also lengthens sentences for felony theft and property damage when committed by three or more individuals together.

Penalties for drug distribution are harshened, requiring prison time for the sale of certain drugs, including fentanyl. For example, the sale of fentanyl in combination with possession of a loaded firearm previously carried a maximum sentence of 1 year in county jail, whereas now it can be charged as a felony with up to 4 years in prison.

Treatment-Mandated Felonies

People with two or more prior drug convictions can be charged with a “treatment-mandated felony” for drug possession, which requires the individual to choose between completing treatment or facing up to three years in prison — successful completion of the treatment results in the dismissal of the charges. If the individual fails to complete treatment, the charges stand, and the offender can be sentenced to prison.

Murder Charge Warning

The court must warn individuals convicted of selling drugs, including fentanyl and heroin, that murder charges could be brought should their distribution result in a fatal overdose. Murder charges under these circumstances have been actively pursued by the Placer County District Attorney since 2021, resulting in two murder convictions for fentanyl dealers in the county.

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