Got My Hookah Confiscated, Say Wtf?

[bjelder]

So to keep a long story short, I was smoking my hookah in the parking lot of our school. Just to chill and relax. A campus safety officer comes by and gives me shit, takes the hookah, and writes me up. Our school policies state nothing against hookahs. He tried saying hookahs were "illegal".. I was like uhh no sir with all due respect, they're not. This is the official policy:

14. Illegal Drugs & Other Substances: Knowledge of or being in the

presence of the manufacture, use, possession or sale of narcotics,

marijuana, steroids, sedatives, tranquilizers, drug paraphernalia or other

paraphernalia used to facilitate illegal use of a legal substance,

stimulants, hallucinogens, other similar non-prescribed agents known to

be harmful or habit forming drugs or chemicals, and attempting to

manufacture or sell counterfeit drugs. Having knowledge of the above

or being present when a violation occurs constitutes equal

responsibility and involvement in the incident.

Well isn't that a bitch? Looks like the definition of "drug paraphernalia" as per the Drug Enforcement Agency is as follows:



''Drug paraphernalia'' defined
The term ''drug paraphernalia'' means any equipment, product, or material of any kind which is primarily intended or designed for use in manufacturing, compounding, converting, concealing, producing, processing, preparing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance, possession of which is unlawful under this subchapter. It includes items primarily intended or designed for use in ingesting, inhaling, or otherwise introducing marijuana, (FOOTNOTE 1) cocaine, hashish, hashish oil, PCP, or amphetamines into the human body





Does a hookah sound like drug paraphernalia to you?? Didn't think so. I told him they can feel free to drug test the hookah. He lied to me, and said that it explicitly states in the student handbook that hookahs are against policy. Do you guys see that anywhere? Nope.


It'll get taken care of, I'm not taking this one lying down thats for damn sure.

Cliffs:
-smoking hookah
-campus safety takes it and writes me up
-wrongfully accuses me although hookah isn't against school policy
-going to bitch and moan, put up a fight, and get my hookah back

Kind of sucks having something thats not quite in the public eye yet, eh?

[Snoopy1966]

That really sucks. I hope this does not happen to me.

[revinn]

Yea, that sucks. The problem is too many people don't know about the hookah and assume that it is used to smoke drugs... when I was at a party my friends hookah almost got confiscated by the police because they thought it was being used for drugs.

[erufiku]

Most of these misconceptions come from the media... Actually I was watching Harold & Kumar 1 the other day and there was a hookah-esque device shown. Now while they don't actually use it for nht in the movie, I guess if I were an average Joe I would assume they're not using it for tobacco. And if the misconception is already there, it just reinforces it.

[billy]

To make it clear, do a presentation in your college parking lot

[ryno]

Most of these misconceptions come from the media... Actually I was watching Harold & Kumar 1 the other day and there was a hookah-esque device shown. Now while they don't actually use it for nht in the movie, I guess if I were an average Joe I would assume they're not using it for tobacco. And if the misconception is already there, it just reinforces it.

Speaking of Hrold and Kumar, in the end of the second one when they are in Amsterdamn, there is a wall of hookahs and b**gs all next to each other.

But that sucks you got your hookah taken away though. I think if you fight it, you'll get it back.

[CHRIS7891011]

Gah that sucks man. I go to a school where I'm not aloud to smoke anywhere on campus so I have to keep mine hidden.

Good luck getting it back.

[NJE03]

That is ridiculous. Good luck getting it back man.

[FireMeetsIce]

IMO you shouldn't have that much trouble getting it back. Just present the facts, and let them know to prevent future problems you won't smoke it on campus anymore.

[Stinkyfisherman]

that sucks hardcore! I hope you get it back

[JillyIsJustKidding]

That sux! I wish your school was like mine where hookahs are actually allowed, but not in buildings of course.

How are you gonna settle it to get your stuff back?

[AKammenzind]

You better get it back, otherwise that's just wrong. If I were you and didn't get it back, I'd take a trip to the officer's house with a lighter, some old beer bottles, rags, and a can of gasoline. Yknow I'm sure he'd like it if I lit some candles for him, showed him how to recycle bottles, cleaned his windows, and refilled his car.

[Snoopy1966]

You better get it back, otherwise that's just wrong. If I were you and didn't get it back, I'd take a trip to the officer's house with a lighter, some old beer bottles, rags, and a can of gasoline. Yknow I'm sure he'd like it if I lit some candles for him, showed him how to recycle bottles, cleaned his windows, and refilled his car.

Agreed 100% I lol at this one for a while.

[Rani]

See, I hate these misconceptions about hookah more than anything. Yes, you can smoke other things in them besides shisha but not successfully in my opinion so why bother? And it will rapidly ruin a good pipe so again, why bother?

I loaned my Horas even though it was new to a friend I thought I had reason to trust. I'm not emotionally attached to the MZ the way I am to my KMs so I thought it was a reasonably safe thing to do. Came back smelling of honest to goodness ash. So had a tantrum, he confessed he'd put something else in it (legal - in my state anyway) but I read him the riot act up one side and down the other. He apologized and said he honestly thought that's what they were for. It took me SEVERAL cleanings and running my strongest flavored shisha through it several times before I got rid of the smell and taste. I'm still pissed about it though. All those misconceptions about hookah need to stop and we need to educate everyone every chance we get.

'Rani

[Hookah_Bob3]

That happened to me last year. I had just finished smoking in my dorm when some random RAs decided to take a stroll through the hallway and started knocking on doors. I quickly hid my hookah in the bathroom but they demanded to come in, so they saw it and confiscated it and left me with a notice to meet with the dorm director. Met with her and she said she knew that it wasn't for NHT and the dorm policy had only changed a couple of years earlier to ban smoking, but she said policy was policy. I luckily got it back at the end of the semester with only being put on housing probation, but what they didn't know was I had a second hookah, and I smoked that same night again just to spite them..Bastards.

I'm sure you'll get it back though

[waterboi]

I hate how everyone has a misconception of hookahs. I really think the public needs to be educated! I have been asked before as to what I was smoking out of mine. I simply show them and give a brief explanation.

Hopefully you get your hookah back!

[skydivemd]

When in doubt, use the law to benefit YOU! (neat concept when it actually works.)

This is by no means professional advice, but I would suggest you get a copy of your student handbook where it defines exactly what you may or may not possess. If it does not spell out exactly the items that are considered "within limits", then use the argument that if it is not explicitly forbidden, then by omission or exemption it is clearly within the bounds of what is permissible.

Also, bring along a copy of the US DEA Controlled Substance Act provisions that clearly state your legal right to possess said Hooka. It is a device that was designed and is, I would argue, strictly meant for the combustion of tobacco products. I mean, come on, the clay head has a capacity of 16/20/40+ grams depending on size. What else could possible be loaded into such a massive container that was not shisha tobacco or that odd herbal (Soex) stuff?!?

Here is a link I found... may or may not help you in your quest to educate "the man".

Best,

Rick


Adapted from http://www.usdoj.gov/dea/pubs/csa/863.htm#d


Note that I added some emphasis here and there, and especially to section (f) Excemption #2


[b]CITE- 21 USC Sec. 863 01/22/02[/b]

-EXPCITE-

TITLE 21 - FOOD AND DRUGS
CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
SUBCHAPTER I - CONTROL AND ENFORCEMENT
Part D - Offenses and Penalties

-HEAD-

Sec. 863. Drug paraphernalia

-STATUTE-

(d) ''Drug paraphernalia'' defined
The term ''drug paraphernalia'' means any equipment, product, or material of any kind which is primarily intended or designed for use in manufacturing, compounding, converting, concealing, producing, processing, preparing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance, possession of which is unlawful under this subchapter. It includes items primarily intended or designed for use in ingesting, inhaling, or otherwise introducing marijuana, cocaine, hashish, hashish oil, PCP, methamphetamine, or amphetamines into the human body, such as -

(1) metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls;


(2) water pipes; OK, so this is clear as mud, but importantly it does not say "Hookah" or "Narghile"


(3) carburetion tubes and devices;

(4) smoking and carburetion masks;

(5) roach clips: meaning objects used to hold burning material, such as a marihuana cigarette, that has become too small or too short to be held in the hand;

(6) miniature spoons with level capacities of one-tenth cubic centimeter or less;

(7) chamber pipes;

(8) carburetor pipes;

(9) electric pipes;

(10) air-driven pipes;

(11) chillums;

(12) bongs;


(13) ice pipes or chillers;

(14) wired cigarette papers; or

(15) cocaine freebase kits.

(f) Exemptions
This section shall not apply to -

(1) any person authorized by local, State, or Federal law to manufacture, possess, or distribute such items; or

(2) any item that, in the normal lawful course of business, is imported, exported, transported, or sold through the mail or by any other means, and traditionally intended for use with tobacco products, including any pipe, paper, or accessory.

Edited April 27, 2008 by skydivemd

[r1v3th3ad]

wow, good research man

[skydivemd]

wow, good research man

Hey, much thanks. Figure if I'm gonna take part in the forum I should help when I can

[mathuv]

wow that sucks.. people smoke cigarettes and even to a lesser extend "other stuff" in a bar near my school and the bar owner doesnt seem to mind but something tells me that if i bring in a hookah in there, she wont like it.. damn these misconceptions.. to avoid this when smoking in public, i leave my shisha and coals in plain view and if anyone looks at me, i look back at them, in case they want to ask/say something. it usually works, when they realise i know theyre watching they usually just walk on by.. a few times people came out of curiosity to find out what exactly we were smoking.. usually these were older people (55+) and were fascinated and immediatley assumed it was better to smoke than cigarettes, being water filtered and smelling better

[daidhaid]

You better get it back, otherwise that's just wrong. If I were you and didn't get it back, I'd take a trip to the officer's house with a lighter, some old beer bottles, rags, and a can of gasoline. Yknow I'm sure he'd like it if I lit some candles for him, showed him how to recycle bottles, cleaned his windows, and refilled his car.

Yeah I'm seeing it this way too,
Authority has, in general, assumed control over to much of what used to be considered freedom.
They tell us they are making us safe but the end will be submission.

[speel]

And people choose to accept

[skydivemd]

Police, "Safety Officers," or whatever other title they choose to use it all means the same thing: agent of social control.
These people DO NOT know the law (thats what lawyers are for). They just try to keep up the appearance that everything is nice and quaint and doesen't offend the politician who funds their department.

[wpw36]

sky i have to argue with you on that one my dad is a cop so i know cops yes it is true some of them dont know the law as well as others, but there are some like my father who know it. you have to go to school to become a cop you get tested over that shit so you have to know it some just keep more up to date than others

[skydivemd]

sky i have to argue with you on that one my dad is a cop so i know cops yes it is true some of them dont know the law as well as others, but there are some like my father who know it. you have to go to school to become a cop you get tested over that shit so you have to know it some just keep more up to date than others

Ok, I will agree with you. I botched what I was intending to say in that it would make sense that police officers are taught the laws concerning the situations that they are most likely to encounter -- there are just too many laws on the books to know them all, then some are archaic and/or have subsequent laws that nullify them. Then there are state laws that superceede some federal laws depending on the physical location you are at. blah, blah, blah.

In the end, please know that no offense was meant for you or yours.