In Southern California, customers shopping at Superior Grocers might find that a simple bottle of shampoo is no longer easily accessible. The grocery chain has started locking up various everyday items such as coffee, baby formula, lotion, and laundry pods. A surge in shoplifting and smash-and-grab thefts. Richard Wardwell, CEO of Superior Grocers, says the grocery chain installed metal mesh to protect its liquor products after thieves repeatedly smashed the glass cabinets.

The rise in shoplifting has forced the store to lock up other basic items, a move that Wardwell acknowledges adds to operational costs and ultimately raises prices for consumers. The company has also ramped up its security by hiring more guards and installing other preventive measures, hoping to deter thieves.

National Review reports on how Wardwell and others in the business community place much of the blame on Proposition 47, a 2014 ballot measure that reclassified certain theft and drug crimes under $950 as misdemeanors. Wardwell argues that Prop 47 emboldened thieves by reducing penalties for smaller-scale crimes, making them feel they could steal without facing serious consequences. “We don’t want to put more people in prison,” Wardwell said. “We want them to stop stealing.”

Wardwell is now backing Proposition 36, a new ballot initiative that seeks to reverse some of the effects of Prop 47. Prop 36 would reinstitute harsher penalties for repeat theft and drug offenders while also offering pathways to treatment for individuals struggling with addiction and mental health issues.

Proposition 36 has divided opinions in California. Supporters, including Wardwell and Jeff Reisig, the district attorney for Yolo County, argue that Prop 47 stripped prosecutors of the tools they needed to get offenders into treatment programs. They believe Prop 36 will correct these flaws by reinstating the possibility of felony charges for repeat offenders. Reisig claims Prop 36 is a “carefully crafted” solution that offers both treatment and accountability.

However, critics of Prop 36, including Governor Gavin Newsom, argue that it could lead to a return to mass incarceration. Newsom has criticized the initiative, claiming it is part of a larger right-wing effort to roll back California’s criminal justice reforms. He has also highlighted the absence of additional funding for treatment programs under the initiative, calling it fiscally irresponsible.

The push for Prop 36 has garnered support from several prominent business groups. Walmart, Target, and Home Depot are among the top contributors to the $11 million raised in support of the initiative. However, the **California Retailers Association** (CRA), initially a backer, is reconsidering its position after the state legislature passed a bipartisan package of anti-theft bills this year. These new laws, supported by CRA, aim to provide law enforcement with better tools to combat retail theft, but they do not include harsher penalties for repeat offenders — a key component of Prop 36.

Rachel Michelin, president of CRA, believes the legislative package will help tackle retail theft without returning to “the mass incarceration that we had before.” Reisig, however, dismissed the new bills as “mostly junk” and said they do little to address the root causes of retail theft and drug addiction.

For many California retailers, the spike in theft has led to creative countermeasures. Fraser Ross, the owner of Los Angeles boutique Kitson, has resorted to publicly shaming thieves. After experiencing a rise in shoplifting during the pandemic, Ross began posting security camera footage of shoplifters on Instagram, asking his followers to help identify them. He even displays images of known shoplifters in his store, a tactic he calls his “wall of shame.”

Ross, who says his tactics have been highly effective, agrees that Prop 47 has encouraged theft by removing the fear of serious consequences. “In L.A., we’re on our own,” Ross said, adding that even well-off individuals feel entitled to steal because the chances of facing legal action are slim.

Despite accusations that Prop 36 is a conservative initiative, its backers argue that it represents a bipartisan approach to solving California’s theft and drug problems. While many Republicans support tougher penalties, Reisig said he had to remind them that Prop 36 is tailored to California’s more progressive landscape. Known formally as the Homelessness, Drug Addiction, and Theft Reduction Act, Prop 36 focuses on cracking down on serial shoplifting and drug trafficking while providing treatment options for offenders.

The initiative also targets the rising problem of fentanyl trafficking, with added penalties for possessing the drug while armed or selling drugs that lead to overdose deaths. Advocates like U.S. Representative Kevin Kiley believe Prop 36 could have a major impact on the state’s homelessness crisis by addressing the substance abuse issues that often underlie it.