Retail theft has been in the spotlight across California, and lawmakers have responded with a new law that raises the stakes. Proposition 36 (Prop 36), passed in 2024 and now active in 2025, increases penalties for organized retail theft and ties certain drug offenses to felony-level treatment requirements. Whether you’ve been accused of shoplifting or already have prior theft convictions, this law could dramatically impact your future.

Prop 36 Increases Penalties for Repeat Theft Offenses

Under Prop 36, if you’ve been convicted of theft before — even for something as minor as shoplifting — you could now be charged with a felony on your next offense. That includes low-value items under $950. California’s “three strikes” attitude toward repeat offenses means that minor crimes can now lead to major consequences, including jail time and a criminal record that follows you for life.

How Prop 36 Affects Drug Possession Cases

Prop 36 isn’t just about theft — it also targets those charged with drug possession. Instead of diversion programs or rehabilitation, the law allows for felony-level treatment mandates. This means nonviolent individuals who are struggling with addiction could be pushed deeper into the criminal justice system instead of getting the help they need.

Immigration Consequences for Noncitizens Charged with Theft

If you’re a noncitizen — including green card holders, visa holders, or undocumented immigrants — a theft charge under Prop 36 could threaten your immigration status. A felony conviction can lead to detention, loss of legal residency, and even deportation. That’s why it’s critical to have both a criminal and immigration attorney on your side if you’re facing charges.

Defending a Prop 36 Theft Charge in California

At Inland Empire Criminal Defense, we’re already seeing Prop 36 cases make their way through courts in Ontario and throughout the Inland Empire. The good news? You still have options. We help clients fight felony enhancements, argue for reduced charges, and protect their records whenever possible. If you’re facing a theft charge — especially with a prior — don’t wait to get legal help.

Call 909-281-0391 today for a free consultation. We’re based in Ontario, CA, and we’re here to help you navigate Prop 36, protect your rights, and fight for your future.