Voters in California and Arizona have passed measures imposing stricter penalties for drug-related offenses, with a particular focus on fentanyl.
In California, Proposition 36 passed, increasing penalties for retail theft, property crimes, and drug offenses. The proposition mandates longer prison terms for fentanyl dealers and introduces a court-ordered drug treatment program for people struggling with addiction. Additionally, judges must now warn fentanyl dealers that they could face murder charges if someone dies from a drug they supplied. With the passage of Proposition 36, Alexandra’s Law becomes the first drug dealer admonishment law in the nation. It was spearheaded by Matt Capelouto, a grieving father who lost his daughter to fentanyl poisoning. Angela Kennecke interviewed Matt on Grieving Out Loud.
“Alexandra’s Law is pretty simple. If somebody is arrested and convicted of a drug related offense, they’re going to get an admonishment. read to them in court by a judge, and that judge is going to make them aware of the dangers of fentanyl. And if they continue to furnish it, or they’re involved with giving it to somebody who dies as a result, they can be held accountable for murder. My hope is that it works as a strong deterrent,” Capelouto said in the podcast episode.
Individuals arrested in California for drug possession may now be charged with a felony, which can be reduced by completing a mental health or drug treatment program instead of serving jail time. Proposition 36 rolls back portions of a 2014 law that had reduced certain non-violent felonies to misdemeanors to lower the prison population and fund drug treatment and victim support.
In Arizona, Proposition 314 was approved, introducing new state-level crimes, including establishing a new crime for the sale of fentanyl that results in death. The proposition also allows state and local law enforcement to arrest and detain migrants, with state judges empowered to issue deportation orders.