On Saturday, February 15, 2025, The O.C. Sheriff’s Rancho Santa Margarita SET team conducted a traffic stop and contacted two subjects.
During the stop, drug paraphernalia could be observed in plain view.
The paraphernalia was seized, along with usable quantities of suspected narcotics.
One of the subjects had prior qualifying convictions and was arrested for charges relating to the incident.
The suspect most likely did not know that his crime could result in serious felony charges thanks to Proposition 36, an initiative passed in November 2024 by California voters.
Prop 36, known as, “The Homeless, Drug Addiction, and Theft Reduction Act,” made several changes to narcotic and theft related laws.
When the O.C. deputies now contact a subject in possession of a “hard drug” and they have two prior drug-related convictions, the subject can be now charged with a felony.
In California, penalties for a suspect with previous convictions who is arrested again on narcotics charges can be quite severe, especially under the recently passed Proposition 36:
- Enhanced Sentencing for Repeat Offenders: Courts have more discretion to impose longer prison sentences for individuals with prior convictions for drug-related crimes.
- Mandatory State Prison Sentences: Proposition 36 mandates that individuals convicted of selling, transporting, or manufacturing drugs like fentanyl, methamphetamine, or heroin serve their sentences in state prison.
- Treatment-Mandated Felony: For repeat drug offenders, there is a provision requiring enrollment in court-mandated treatment programs. Successful completion may result in reduced penalties, while failure to comply could lead to up to three years in prison.
- Mandatory Warnings for Drug Dealers: Courts are required to warn individuals convicted of selling or distributing drugs about the possibility of being charged with murder if their actions lead to a fatal overdose.
These measures reflect a tougher stance on drug-related crimes, aiming to address the rise in narcotics offenses and related fatalities.
