Council Declines To Take Stand On Prop 36 Drug Crime Measure

Pasadena City Council voted 7-0 Monday night to take no position on Proposition 36, a November ballot initiative that qualified through a citizen-led petition process. The measure would allow felony charges and increased sentences for certain drug and theft crimes.

The decision at the October 21 meeting came after the City’s Legislative Policy Committee forwarded the item without recommendation.

“Our Police Department received $2.5 million for job training and drug treatment that are at risk from Prop 36, our Fire Department, Public Health Department [and] Huntington Hospital received $1.1 million to fund a program that would help one third of unhoused people in our city get off the street and into the housing and drug treatment they need,” said Margaret diZerega, Managing Director of Initiatives at the Vera Institute of Justice.

She added that Pasadena Unified School District received $1.76 million for youth programming that could be affected.

Chief Assistant City Prosecutor Tim Wellman explained that methamphetamine is currently the most common drug offense in Pasadena. Under current law, drug possession offenses can only be filed as misdemeanors, but Prop 36 would allow felony charges for those with two or more prior drug-related offenses involving “hard drugs” including fentanyl, cocaine, heroin, and methamphetamine.

The measure would create a new treatment-focused court process requiring judicial review before release on charges involving theft with two priors.

Councilmembers expressed concerns about treatment funding.

“It holds up this false narrative of you can go to treatment, but if you don’t go to treatment, then you get convicted of a felony. But there’s no resources for treatment, period,” said Vice Mayor Steve Madison.

Councilmember Jason Lyon initially moved to oppose the measure.

Councilmember Felicia Williams then made a substitute motion for no position, seconded by Councilmember Tyron Hampton, which passed unanimously with Mayor Victor Gordo absent.

City Manager Miguel Márquez noted that most implementation costs would be borne by County and State governments rather than the City.

The League of California Cities has urged local governments to support the measure.

The measure will appear on California’s November 5, 2024 ballot.