On this I will agree as well. They (law enforcement) can also confiscate anything they want under the laws that govern the war on drugs. Someone correct me on this if I'm wrong, but I've always understood that all they have to do is say that the item was tied to "drug money" or some other such tie to the drug laws.
This actually happened to a friend of mine who was busted for growing his own weed in his house. Never sold it, or profited from it, just a biker hippie who liked to smoke and never hurt a soul. They kicked in his front door (literally) while he was having dinner with his wife, and they took all kinds of shit from his house that was never returned. Tossed his and his wife's ass on the floor while they rifled through every crevice in his house. All for home grown plants that have been growing up out of the ground since before any of us were ever around. Bullshit.