They’re probably referring to situations in California where people walk out with merchandise because the penalties are less than the merch they’re getting.

It’s less of a “the way things are headed” in the US, and more of a side effect of the state-level political games each side is playing, where blue states score points by loosening penalties, and red states score points by tightening penalties.

Neither population of state citizens is right or wrong, but rather they’re all pawns. As someone put it, the politicians have organized the country into two LARPing teams to keep everyone distracted while they run out the back door with the money.

From what I read it's not prosecuted in San Francisco e.g. anymore.

They're just derailing to what about their unrelated political grandstand.