“Setting aside the obvious First Amendment problems raised by a police chief saying that his department will ‘work on finding’ someone for doing nothing more than expressing a political viewpoint, Santiago is wrong to suspect that a person who openly disagrees with his views about marijuana policy is engaged in illicit drug use. Though a recent Gallup poll found that 58 percent of Americans support legalizing marijuana, a different poll found that just 12 percent of the public actually used marijuana within the last year. So even assuming that every single person who smokes marijuana also believes that it should be legal, nearly four out of five people who support legalization are not marijuana users.”
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