Don't see how using them does not equal confiscation.
con·fis·cate
/ˈkänfəˌskāt/
verb: confiscate; 3rd person present: confiscates; past tense: confiscated; past participle: confiscated; gerund or present participle: confiscating
take or seize (someone's property) with authority.
Police departments confiscate cars that are used in drug operations and later use them for their own unit.
I took peoples drugs in which they were not allowed to possess. It does nothing to say what has to happen with said property once it leaves the individuals hands.
One black girl I worked with took all the straight bud(no joints) she "confiscated" and sold it back to the dealers in her hood. Pretty epic setup.