Black San Diegans Disproportionately Arrested Under Prop 36

by Alina Ajaz, Tessa Balc and Lisa Halverstadt / Voice of San Diego / June 30, 2025
In the initial six months after San Diego police started enforcing Proposition 36, Black San Diegans were disproportionately affected by the new state law.
Police data shows 32 percent of 374 people arrested for Proposition 36 related drug or theft charges in the city of San Diego from mid-December through May were Black, a community that makes up 6 percent of the city’s population. Disparities were consistent for both drug and theft charges.
Black San Diegans were also disproportionately arrested more than once on Proposition 36 charges, making up 40 percent of those with a second offense.
San Diego police say they work to minimize disparities but argue that those tied to Proposition 36 may be spurred in part by a concentration of enforcement downtown, which has a large homeless population that’s also disproportionately Black.
Community leaders and advocates who opposed Proposition 36 say the early data shows their concerns about the law, which increased penalties for repeat drug and theft offenses, were merited. They say the early numbers echo past disparities in policing and prosecution, particularly among communities already overrepresented in the criminal justice system.
“It is depressing. It’s extremely unfortunate but it’s not surprising,” County Supervisor Monica Montgomery Steppe said.

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