California Proposition 36: What the New Law Means for Theft and Drug Cases

In 2025, California voters passed Proposition 36, changing how certain theft and drug crimes are handled. What used to be treated as misdemeanors can now be charged as felonies if the person has prior convictions. This law has major consequences for defendants, green card holders, and visa applicants.

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What Changed Under Prop 36?

1. Theft Cases
   
   • Before: Petty theft under a certain amount was usually a misdemeanor.
   • Now: With prior convictions, these can be elevated to felonies.
2. Drug Cases
   
   • Before: Small possession cases often resulted in misdemeanors or treatment programs.
   • Now: Prior offenders may face felony charges even for small amounts.
3. Harsher Sentencing
   
   • Repeat offenders may be denied diversion programs and face direct jail or prison time.

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Who Is Affected?

• Those with prior convictions — especially for theft or drugs.
• Immigrants:
  
  • Misdemeanors may not impact immigration status, but felonies can destroy green card or citizenship eligibility.
  • Visa holders risk losing their status and facing deportation.
• Young people & students — even one mistake can have lifelong consequences.

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Why So Harsh?

• Lawmakers argue lenient misdemeanor policies led to repeat offenses.
• Prop 36 aims to crack down on “frequent offenders” and petty crime.

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How Lawyers Can Help

• Case review: Determine if felony charges can be reduced to misdemeanors.
• Defense strategies: Challenge evidence, procedures, or seek alternatives.
• Immigration protection: Work with immigration lawyers to protect status.
• Appeals & relief: Explore sentencing reductions or post-conviction options.

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Final Note

⚠️ Under Prop 36, misdemeanors may no longer be minor.
Even small theft or drug possession can lead to felonies and deportation if you have priors.
💡 Perliss Law Firm urges you to seek legal help immediately to protect your future.

📞 Free consultations. Bilingual legal support.