--- title: "Prop 36 Two Years In: What California Court Data Shows About Theft and Drug Felonies" description: "Voters passed Prop 36 on Nov. 5, 2024. In 2025, its first full year, California courts received 34,612 new felony theft and drug cases under it. Only 17% of the drug cases involved people who chose treatment, and the money to run the system is still short. Here is what the numbers show and what they mean if you're charged." url: "https://www.thehfirm.com/blog/prop-36-two-years-california-court-data" site: "H Law Group" published: "2026-11-06T17:00:00.000Z" --- # Prop 36 Two Years In: What California Court Data Shows About Theft and Drug Felonies Voters passed Prop 36 on Nov. 5, 2024. In 2025, its first full year, California courts received 34,612 new felony theft and drug cases under it. Only 17% of the drug cases involved people who chose treatment, and the money to run the system is still short. Here is what the numbers show and what they mean if you're charged. Category: Criminal Defense Author: Nima Haddadi -- California DUI and criminal defense lawyer Two years ago this week, California voters approved Proposition 36, the "Homelessness, Drug Addiction, and Theft Reduction Act." It took effect on Dec. 18, 2024, and it lets prosecutors charge some repeat theft and drug possession cases as felonies that would have been misdemeanors before. The clearest picture of how it is working comes from the Judicial Council of California, which has to report Prop 36 case counts to the Legislature. Its [annual report for 2025](https://abgt.assembly.ca.gov/system/files/2026-03/annual-proposition-36-court-data-report-handout.pdf), released March 6, 2026, shows a large increase in felony filings, low treatment numbers, and big differences from one county to the next. ## What Prop 36 changed - Theft with two priors. [Penal Code 666.1](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§ionNum=666.1) allows petty theft or shoplifting to be charged as a felony when the person has two or more prior theft-related convictions, regardless of the dollar amount. - Adding up thefts. Penal Code 490.3 lets prosecutors combine the value of property from separate thefts to reach the $950 felony threshold. - Drug possession with two priors. [Health and Safety Code 11395](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=HSC§ionNum=11395) created the "treatment-mandated felony" for possessing hard drugs such as fentanyl, heroin, cocaine or methamphetamine when the person has two or more prior drug convictions. A defendant can choose treatment, and finishing it leads to dismissal. - Tougher dealing penalties. Prop 36 added fentanyl to the armed-possession law, created new weight enhancements for fentanyl trafficking, and added a murder advisement for people convicted of selling hard drugs. One detail matters more than it looks. The Judicial Council notes there is no time limit on the prior convictions that qualify someone for these charges. Some prosecutors have adopted their own "wash out" periods and ignore older priors. Others don't. A shoplifting conviction from 2009 can, in some counties, still count. ## The 2025 numbers Fifty-six of California's 58 trial courts answered the Judicial Council's survey, covering 99.5% of the state's population. Here is what they reported for calendar year 2025: | Measure (2025) | Count | Notes | | --- | --- | --- | | Total felony Prop 36 cases | 34,612 | HSC 11395 and PC 666.1 combined | | Felony drug cases (HSC 11395) | 19,104 (55%) | | | Felony theft cases (PC 666.1) | 15,508 (45%) | | | Drug cases where the person chose treatment | 3,207 of 18,666 (17%) | 53 courts reporting | | Drug cases dismissed after finishing treatment | 57 | Many cases had not had time to finish | | People in treatment at survey time | 879 | Only 30 courts could report this | | Theft cases ending in conviction during 2025 | 4,999 of 13,099 (38%) | 51 courts; many cases still open | The report warns against reading those as success or failure rates. Treatment can take a year or more, and cases filed late in 2025 had not had time to finish. Still, 57 dismissals in a year with more than 19,000 drug filings is a long way from what the measure's campaign described. ## Los Angeles County County practice varies widely. In the Judicial Council's [preliminary report](https://courts.ca.gov/system/files/legislative-reports/lr-2025-preliminary-proposition-36-court-data.pdf) covering Dec. 18, 2024, to June 30, 2025, the Los Angeles court reported 331 HSC 11395 filings and 40 people choosing treatment, compared with 2,395 filings in Orange County during the same months. L.A. picked up speed later in the year. [LAist reported](https://laist.com/news/criminal-justice/proposition-36-crime-repeat-offenders-treatment-status-mixed-reviews) in April 2026 that the District Attorney's Office filed more than 3,300 Prop 36 felony cases for third petty thefts in 2025 and more than 1,900 for third hard-drug possession. District Attorney Nathan Hochman called the law "a valuable tool to go after chronic and repeat thieves," while also acknowledging the county does not have nearly enough treatment beds. The county public defender's office estimated that about 1,150 people were in L.A. County jail because of Prop 36. ## Funding is still the bottleneck Prop 36 did not come with its own money. The 2025 Budget Act gave the court system $20 million over three years to handle the new workload, $19 million of it for trial courts. The 2026-27 budget added $50 million in new one-time money: $10 million for courts, $20 million for pretrial services and $20 million for behavioral health treatment, according to the [Senate Republican Caucus budget analysis](https://src.senate.ca.gov/content/highlights-and-analysis-2026-27-enacted-budget), which calls it well short of the roughly $350 million a year it estimates the measure needs. The practical effect is that a defendant can be offered treatment in place of jail and then wait for a bed. The Judicial Council also found that only 7% of courts reported a theft diversion program and 4% a theft deferred entry of judgment program, even though Penal Code 666.1(b) lets prosecutors refer people to either. ## What this means if you're charged under Prop 36 A Prop 36 charge is built on prior convictions, so the first step in any defense is checking the priors: whether they exist, whether they qualify as theft-related or drug convictions under the statute, and whether the local prosecutor applies a wash-out period. Prosecutors also don't have to use the felony option. The Judicial Council found that some file eligible cases as misdemeanors. Courts also told the Judicial Council that misdemeanor cases are taking longer, because a theft or drug conviction now counts as a prior for a future felony. A quick plea to a misdemeanor that would have been routine in 2023 has more weight now. Other options can include mental health diversion, drug court, and the treatment track under 11395 itself. Our [drug crimes page](/criminal/drug-crimes-attorney) explains how those programs work. Our pages on [petty theft](/criminal/petty-theft-attorney), [shoplifting](/criminal/shoplifting-attorney), [drug possession](/criminal/drug-possession-attorney) and [theft crimes](/criminal/theft-crimes-attorney) cover each charge in more detail. Clearing an old conviction through [expungement](/criminal/expungement-attorney) has real benefits for jobs and housing, but it is not a reliable way to keep a conviction from being used as a prior in a new case. ## Frequently asked questions ### Is shoplifting a felony in California now? It can be. Under Penal Code 666.1, added by Prop 36, petty theft or shoplifting can be charged as a felony if the person has two or more prior theft-related convictions, even if the amount taken is under $950. Prosecutors can still file it as a misdemeanor. ### What is a treatment-mandated felony? It is a felony drug possession charge under Health and Safety Code 11395 for people with two or more prior drug convictions. The defendant can choose a treatment program in place of custody, and the charge is dismissed if the program is completed. ### Is there a time limit on priors under Prop 36? Not in the statute. The Judicial Council notes that some prosecutors use their own wash-out periods and decline to count older priors, so practice varies by county. ### How many people have finished Prop 36 treatment? Courts reported 57 drug cases dismissed after successful treatment in 2025, with 879 people still in treatment at the time of the survey. Many cases had not been open long enough to finish. ### Is Prop 36 funded? Only partly. The 2025 Budget Act gave courts $20 million over three years, and the 2026-27 budget added $50 million in one-time money, well below the roughly $350 million a year that the Senate Republican Caucus estimates the measure needs. ## Sources - [Annual Proposition 36 Court Implementation Report, January 2025 through December 2025](https://abgt.assembly.ca.gov/system/files/2026-03/annual-proposition-36-court-data-report-handout.pdf), Judicial Council of California, March 6, 2026 - [Preliminary Proposition 36 Court Data (December 2024 to June 2025)](https://courts.ca.gov/system/files/legislative-reports/lr-2025-preliminary-proposition-36-court-data.pdf), Judicial Council of California, October 2025 - [Penal Code section 666.1](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§ionNum=666.1), California Legislative Information - [Health and Safety Code section 11395](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=HSC§ionNum=11395), California Legislative Information - [Proposition 36: crime, repeat offenders and treatment, mixed reviews](https://laist.com/news/criminal-justice/proposition-36-crime-repeat-offenders-treatment-status-mixed-reviews), LAist, April 29, 2026 - [Highlights and analysis of the 2026-27 enacted budget](https://src.senate.ca.gov/content/highlights-and-analysis-2026-27-enacted-budget), California Senate Republican Caucus ## About Nima Haddadi Nima Haddadi is a leading California DUI and criminal defense attorney with deep expertise in handling complex cases. Known for strategic defense and courtroom strength, he is a trusted choice for clients facing DUI, felony, and misdemeanor charges. --- ## Contact H Law Group - Phone: (888) 499-4948 (phones answered 24/7) - Email: info@thehlawgroup.com - Free consultation: https://www.thehfirm.com/free-consultation - Contact form: https://www.thehfirm.com/contact-us ### Offices - Los Angeles Branch: 714 W Olympic Blvd, Suite 803, Los Angeles, CA 90015 -- (213) 463-5888 - San Diego Branch: 600 W Broadway, Suite 700, San Diego, CA 92101 -- (619) 257-6655 - San Jose Branch: 333 W San Carlos St, San Jose, CA 95110 -- (408) 547-9982 - Orange County Branch: 2030 Main St, Suite 1300, Irvine, CA 92614 -- (949) 356-9818 - Riverside County Branch: 41593 Winchester Rd, Suite 200, Temecula, CA 92590 -- (951) 327-7161 - Santa Barbara Branch: 1117 State St, Santa Barbara, CA 93101 -- (888) 499-4948 ### Disclaimer This website provides general legal information only and does not create an attorney-client relationship. 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