Guest Opinion | Brandon Lamar: Vote No on Prop 36. It Hurts Our Communities.

As California voters, we are often asked to weigh in on legislation that shapes the future of our communities. Proposition 36, which allows felony charges and increases sentences for certain drug and theft crimes, claims to protect public safety. However, beneath the surface, this initiative poses significant harm, particularly to communities of color. We cannot ignore the long history of racial bias in our criminal justice system and the devastating impact laws like Prop 36 will have on already marginalized groups. 

A Step Backward in Criminal Justice Reform

In recent years, California has made strides in criminal justice reform. We have begun to reduce the over-incarceration of nonviolent offenders, recognizing that mass incarceration does little to address the root causes of crime, such as poverty, addiction, and lack of opportunity. Prop 36 threatens to undo much of that progress. By allowing felony charges for drug and theft crimes that are often linked to addiction and poverty, this initiative continues to treat these issues as criminal rather than societal problems. 

For decades, our justice system has disproportionately targeted Black and Brown communities with harsher penalties for drug-related offenses. The infamous “War on Drugs” resulted in mass incarceration, particularly of Black men, and decimated families and neighborhoods. While some policymakers have begun to acknowledge these injustices, Prop 36 repeats the same patterns, exacerbating racial inequalities in sentencing and imprisonment. 

Racial Bias and Sentencing Disparities 

Studies have consistently shown that people of color, especially Black and Latino individuals, are more likely to be arrested, charged, and convicted of drug crimes, despite similar rates of drug use across racial lines. Prop 36 would disproportionately impact these communities, as it would reintroduce harsh penalties for crimes that are often the result of systemic issues like lack of economic opportunity, underfunded schools, and racial profiling by law enforcement. 

Felony charges carry life-altering consequences. A felony record can prevent individuals from finding jobs, securing housing, and accessing education—basic resources needed to break the cycle of poverty and crime. For people of color, who are already facing barriers due to systemic racism, a felony charge becomes a nearly insurmountable obstacle. 

Accountability Without Felony Charges 

I believe in holding people accountable for theft, including incidents like smash-and-grab robberies, which disrupt businesses and communities. These acts deserve consequences, but I don’t believe turning them into felonies is not the answer. A felony conviction severely limits an individual’s opportunities to rebuild their life, cutting off access to jobs, housing, and education. Punishments for theft should be proportionate, with a focus on rehabilitation, so individuals can make amends and reintegrate into society, not be trapped in a cycle of poverty and crime due to a permanent criminal record.

Addiction is a Health Issue, Not a Crime 

The rise in opioid addiction across all demographics has, for the first time, led some lawmakers to acknowledge addiction as a public health issue. However, Prop 36 criminalizes people suffering from addiction, further crowding our prisons with individuals who need treatment, not punishment. It is clear that we cannot arrest our way out of the drug crisis. 

Instead of increasing penalties for nonviolent drug crimes, California should be investing in programs that provide mental health services, addiction treatment, and economic opportunities, especially for communities of color that have been historically underserved. These measures are proven to be more effective in reducing crime and recidivism than incarceration. 

A Call for Justice and Equity 

Prop 36 is a regression, not a solution. It disregards the root causes of drug addiction and theft, instead opting for punitive measures that will disproportionately affect people of color. As Californians, we have a responsibility to create laws that promote equity, fairness, and real justice. Prop 36 falls short of these values and risks perpetuating the cycles of poverty and incarceration that have plagued our communities for too long. We need policies that uplift, not criminalize, the most vulnerable among us. We must continue on the path toward a more just criminal justice system—one that treats all people with dignity and addresses the systemic inequities that have harmed communities of color for generations. For these reasons, we must reject Prop 36. 

Brandon Lamar is a former City Council candidate.