Current through Register Vol. XLII, No. 1, January 3, 2025
Section 22-1-4 - Unlawful Acts4.1. Possession - It is unlawful for any person to have uncertified wild, woods grown, or wild simulated ginseng (whether green or dry) in his or her possession between April 1 and August 31 of each calendar year. Any uncertified wild, wild simulated, or woods grown ginseng unsold by March 31 of the year after harvest must be weighed and have a weight certificate issued at an official Division weigh station.4.2. Certificates - It is unlawful to alter West Virginia Ginseng Export Certificates and Ginseng Weight Receipts.4.3. Permits - It is unlawful for a person to act as a grower or act as a dealer unless he or she has received a valid permit from the Division permitting that activity. If a person is acting in both capacities, then a permit for each activity is required. A person may not rescue wild ginseng without first receiving a permit from the Division to rescue wild ginseng plants that are threatened by ground-disturbing activities if the rescue is to be done between April 1 and August 31 each year.4.4. It is unlawful to harvest wild, wild simulated or woods grown ginseng less than five years of age. A ginseng plant containing three or more prongs is considered to be five years of age.4.5. It is unlawful to remove wild ginseng seeds from the site of collection, and all seed collected from wild ginseng plants at the time of harvest shall be planted at the site from which the ginseng is harvested.4.6. It is unlawful to plant ginseng or ginseng seed and to harvest ginseng on West Virginia public lands except for land grant university researchers performing research or demonstration projects regarding the growing, cultivating or harvesting of ginseng. It is unlawful for anyone to plant ginseng or ginseng seed and to dig, collect, or gather ginseng on state wildlife management areas or on state parks.4.7. It is unlawful to harvest wild ginseng from the property of another person without the written permission of the landowner.