Randy,
my thoughts are to wait until ginseng season starts and dig everything that you come across, if you get caught then 'man up' and try to explain your way out. It is probably useless to try to cut thru the red tape to get the law changed, that is if the land is scheduled to be mined in 2013, however just remember the reason for the laws are in place is to deter \"early digging and the taking of immature plants. If loggers, contractors, road builders ect..used that excuse for digging ginseng then the woods would be full of people packing a chainsaw and looking for ginseng, its funny how an individual has to wait until september to hunt ginseng, but you can drive a dozier thru a patch in the middle of june and nobody would bat an eye.
just my thoughts
Happy hunting