Voter-approved changes to theft and drug sentencing to take effect December 18

SACRAMENTO, Calif. – On Wednesday, Dec. 18, 2024, changes approved by Proposition 36 during the last election cycle go into effect and will increase penalties associated with the distribution or sale of certain controlled substances.

Notably, Proposition 36 would require courts to warn people convicted of selling or providing certain drugs, such as fentanyl or heroin, that they may be charged with a murder if they sell or provide drugs that kill someone.

That warning, or admonishment, is part of multiple changes to the state's Health and Safety Code known as Alexandra's Law.

Alexandra's Law is named after 20-year-old Alexandra Capelouto who died after taking a counterfeit pill that contained a lethal dose of fentanyl in December of 2019.

Her death inspired the changes to California's Health and Safety Code becoming law on Wednesday.

"Soon after Alex died, we came up with this idea of an admonishment to give those who are convicted of drug offenses a warning, making them aware of the dangers of what they're doing," explained Alexandra's father Matt Capelouto. "The big problem with California right now is in order to hold a drug dealer accountable for a death, you have to prove that they were aware of those dangers...that's actually a very challenging burden to prove. Alexandra's Law really addresses that."

People convicted of, or who plead no contest to, charges involving hard drugs (as classified in Health and Safety Code Sections 11351, 11351.5, 11352, 11378, 11378.5, 11379, 11379.5, or 11379.6) will be provided the following warning:

"You are hereby advised that it is extremely dangerous and deadly to human life to illicitly manufacture, distribute, sell, furnish, administer, or give away any drugs in any form, including real or counterfeit drugs or pills. You can kill someone by engaging in this conduct. All drugs and counterfeit pills are dangerous to human life. These substances alone, or mixed, kill human beings in very small doses. If you illicitly manufacture, distribute, sell, furnish, administer, or give away any real or counterfeit drugs or pills, and that conduct results in the death of a human being, you could be charged with homicide, up to and including the crime of murder, within the meaning of Section 187 of the Penal Code."

The changes target the selling or providing of "hard" drugs and exclude offenses for other controlled substances such as cannabis or cannabis products (also known as marijuana), peyote, lysergic acid diethylamide (also known as LSD), or other psychedelic drugs including mescaline and psilocybin (the psychoactive substance found in certain mushrooms) detailed the new Health and Safety Code.

Additionally, Proposition 36 will reverse some of the reduced punishments for certain theft and drug crimes passed in 2014 through Proposition 47 which reduced some previously felony-level crimes to misdemeanors.

Specifically, Proposition 36 made the following changes to the Health and Safety Code:

• Turns some Misdemeanors Into Felonies: Currently, theft of items worth $950 or less are usually a misdemeanor. Proposition 36 would turn that charge into a felony if the person has two or more past convictions for certain theft crimes, such as burglary or carjacking. Sentencing for the elevated charge would be up to three years in county jail or state prison
• Extends Some Felony Sentences: Proposition 36 allows felony sentences for theft or property damage to be lengthened by up to three years if three or more people committed the crime
• Requires that some Felony Sentences be Served in Prison: Sentences for selling certain drugs, such as fentanyl or heroin, can be lengthened based on the amount sold in addition to the existing consideration of a person's criminal history

According to the California Legislative Analyst's Office, the changes are expected to increase local criminal justice costs by several tens of millions of dollars annually largely due to an increase in the county jail population and community supervision program participants as well as expanded court-mandated mental health and drug treatment workloads.