(SAN FRANCISCO, Calif.) – Tom Wolf became addicted to fentanyl in San Francisco after getting hooked on Oxycodone following surgery. He lost his job as a county worker and was kicked out by his wife.  Living on the streets, Wolf was arrested multiple times before entering mandated drug treatment in 2018. The program saved his life, and he now advocates for other addicts to get the same with the passage of a ballot proposition. 

If passed this November, CA Proposition 36  will restore discretion to judges to offer a drug-treatment program to people convicted of a felony for  certain drug- and theft-related crimes, previously  classified as misdemeanors. 

Q: What specific crimes will be elevated from misdemeanors to felonies under Proposition 36?

A: Thefts, like shoplifting, by a person with two prior convictions and flash-mob-type thefts committed by three or more people may be charged as felonies. 

Why do you support Proposition 36? 

A: Today, you can steal, and nothing is going to happen to you. You are released to an outpatient diversion treatment program. If you don’t comply and test clean every week, you return to court where you face only a misdemeanor. So, we give you probation. 

Q: Was it always that way? 

A: That started in 2015 after Proposition 47 passed which reduced sentences for drug-related and retail theft crimes to a misdemeanor if the value of the goods was less than $950. Retail thefts accelerated in 2018 after fentanyl appeared. That’s when retailers started locking items up. After the pandemic hit, flash mob-type retail thefts appeared.

Q: How did fentanyl accelerate retail theft more than other drugs?  

A: You have to use fentanyl every two hours. You nod out for 30 minutes. You wake up. You’ve got a 45-minute window before you have to use again. If you’re experiencing homelessness, and you’re using, all you are thinking about is funding and getting your next hit.  Addicts are stealing products and selling them on the sidewalks and marketplaces like Facebook, Etsy and Temu. The retailers then write off the shrinkage and raise their prices. And who pays for that? We do.

Q: How does Proposition 36 address fentanyl differently? 

A: Under Proposition 36, fentanyl, heroin, cocaine and methamphetamine will be classified differently and sentences for the sale of these drugs could be longer and require prison time. 

The conversation has been edited for length and clarity.