California’s Prop 36 Sparks Arrest Surge, Hitting Black Communities the Hardest

Proposition 36, or the “Homelessness, Drug Addiction, and Theft Reduction Act,” has led to a sharp rise in arrests across California since taking effect in December 2024, with early data showing it’s hitting Black communities the hardest. While the law was billed as a solution to growing concerns over theft, drug use, and homelessness, critics say it revives tough-on-crime strategies that disproportionately target the poor. “Instead of a war on poverty, California’s legal system has initiated a war on poor people,” said Assemblymember Isaac Bryan. In San Diego, for example, Black residents make up 5.6% of the population but account for 32% of the 374 arrests made under Prop 36 within the first six months.

The law reclassifies certain drug and property offenses as felonies, allows longer sentences for repeat offenses, and has led to thousands of new felony filings. In Los Angeles County, jail numbers rose dramatically — from just over 11,000 to more than 13,000 in a few months. “We saw 12 arrests before Prop 36 on these types of offenses and since May of 2025, we are looking at 594 arrests,” said L.A. County Public Defender Ricardo García. He argued that the law “disproportionately hurts Black, Brown, and immigrant communities,” and noted that mandated treatment options are meaningless without beds or resources in place.

In Alameda County, 90% of those charged under Prop 36 in areas like Oakland and Berkeley are Black, even though they make up only 10% of the population. According to Yoel Haile of the ACLU of Northern California, many of these cases involve petty theft for basic needs like food and hygiene items. “Arresting someone for that and giving them a record is not going to solve their problem,” Haile said.

While Governor Gavin Newsom allocated $110 million toward implementation — with $65 million going to counties and $50 million to behavioral health — critics argue it’s not enough. Republican lawmakers pushed for $400 million, claiming the voter-approved law requires long-term support. But as critics emphasize, without addressing root causes like poverty and housing, Prop 36 risks cycling vulnerable people through the criminal system rather than helping them.

Link: Black Voice News