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TOPIC: question about certain laws

question about certain laws 12 years 8 months ago #11238

  • Oka nieba
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Hopefully this is the right section for this.


70-8-204 Prohibited activities in Tennessee.

(a) It is unlawful for any person to dig, harvest, collect or remove wild ginseng from any land for the purpose of sale or export, on any date not within the wild ginseng harvest season established be #70-8-203. (b) It is unlawful for any person to dig, harvest, collect or remove from any land, for the purpose of sale or export, any wild ginseng plant that has green berries or that has less than three (3) prongs. (c) It is unlawful for any person who has dug, harvested, collected, or removed wild ginseng from any land for the purpose of sale or export: (1) To remove the berries of the wild ginseng from the approximate location from which the wild ginseng was dug, harvested, collected, or removed; or (2) To fail, immediately after such digging, harvest, collection or removal, to plant the berries of the wild ginseng in the approximate location from which the wild ginseng was dug, harvested, collected, or removed.

I may be wrong, as I don't make a habit of reading laws like this, but doesn't that mean it's illegal to harvest any wild ginseng period?

Also as to the berries being put back in the approximate location, Does that mean within an acre, within a foot, what does approximate mean in the case.

I am going to assume that going by that you couldn't take the berries when they are ripe and plant them else where on your property.:S

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Re:question about certain laws 12 years 8 months ago #11240

It does indicate it is unlawfull unless it is in the designated season. If you will read closer, it states all this is unlawfull if its dug \"for sale or export\". If you are digging for you own personal consumption then all that is irrelevant, those rules still should be followed but if you want a root to make tea with in May then it is not illegal to go dig it.

Hillhopper

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Re:question about certain laws 12 years 8 months ago #11244

Agredd on the designated season intrep.

If I lived in Tn, and I wanted to grow 'sang for profit, I think I'd have to pay an attorney to see what \"wiggle room\" there was in that statement.

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Re:question about certain laws 12 years 8 months ago #11250

  • Oka nieba
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I am an idiot.... I read it again and understood it.

It is illegal for you to dig seng for sale / export if you

A (1) remove the berries of the wild ginseng from the approximate location from which the wild ginseng was dug, harvested, collected, or removed; or

B(1)(2) fail, immediately after such digging, harvest, collection or removal, to plant the berries of the wild ginseng in the approximate location from which the wild ginseng was dug, harvested, collected, or removed.

Makes much more sense now.

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