Ginseng harvesting in Alabama is legal from September 1 through December 31 each year, but only for mature wild plants with at least three five-leaflet prongs, dug on private land with the owner’s written permission, by a collector who has registered with the Alabama Department of Agriculture and Industries.1Alabama Department of Agriculture and Industries. Ginseng – Plant Protection Miss any one of those pieces and you are breaking state law, and once the roots leave Alabama you are also exposed to federal penalties under the Lacey Act.
When the Season Opens and Closes
The legal harvest window runs September 1 to December 31.1Alabama Department of Agriculture and Industries. Ginseng – Plant Protection The September 1 opener is set that late on purpose: by then, mature plants have produced their ripe red berries, and digging earlier destroys the plant’s reproductive contribution for the year.
If you plan to sell, note that the dealer buying season is a slightly different window. Registered dealers can purchase green or dried roots from September 15 through March 31, which leaves a two-week gap at the start of harvest season for you to dig, identify, and prepare your roots before anyone will legally buy them.2Alabama Legislature. Alabama Code Title 9 Chapter 13 Article 10 Section 9-13-242 – Collection of Ginseng
Which Plants You Can Legally Dig
Alabama law makes it illegal to collect any ginseng plant with fewer than three five-leaf prongs.2Alabama Legislature. Alabama Code Title 9 Chapter 13 Article 10 Section 9-13-242 – Collection of Ginseng A prong is a branch coming off the main stem, and each prong must carry five leaflets. One- and two-prong plants stay in the ground, no matter how healthy they look.
Most ginseng states also require plants to be at least five years old, with age read from the stem scars on the root neck — one scar per year.3U.S. Fish & Wildlife Service. Ginseng The three-prong rule effectively enforces that age minimum, since plants younger than about five years almost never carry three full prongs. When you’re unsure, count the scars.
After you dig a mature plant, press its ripe red seeds about an inch into the soil at the same spot. This keeps the local population regenerating and is standard stewardship practice wherever wild ginseng is harvested. If the plant has no red berries during harvest season, either it hasn’t matured or the berries are already gone — either way, leave it.
Where You Can Harvest
Almost all legal ginseng harvesting in Alabama happens on private land. Before you set foot on someone else’s property, get written permission from the owner or their agent, keep a copy on you while you dig, and file it with your records.2Alabama Legislature. Alabama Code Title 9 Chapter 13 Article 10 Section 9-13-242 – Collection of Ginseng Without that paper, you are looking at trespassing charges on top of any ginseng violation.
Alabama’s four national forests — Bankhead, Talladega, Conecuh, and Tuskegee — are closed to ginseng collection. The U.S. Forest Service has determined wild populations on those forests are too small to support sustainable harvesting and is not issuing permits.4U.S. Forest Service. Permits – National Forests in Alabama National Park Service land and U.S. Fish & Wildlife Service refuges are also off limits under federal policy.3U.S. Fish & Wildlife Service. Ginseng
You Have to Register as a Collector
This is the step most harvesters miss. Alabama requires everyone in the ginseng supply chain to register with the Department of Agriculture and Industries, not just dealers.5Alabama Legislature. Alabama Code Title 9 Chapter 13 Article 10 Section 9-13-243 – Registration of Ginseng A handshake arrangement with a buyer does not substitute for your own collector’s registration.
Annual fees set by Alabama Administrative Code Rule 80-10-13-.01 are:6Alabama Administrative Code. Alabama Administrative Code Rule 80-10-13-.01 – Registration Fees for Ginseng Dealers, Growers and Collectors
- Collectors: $10
- Growers: $50
- Dealers: $100
Registration is due on or before August 1 each year.5Alabama Legislature. Alabama Code Title 9 Chapter 13 Article 10 Section 9-13-243 – Registration of Ginseng The Department accepts applications from July 1 through December 15, but any fee not paid by August 31 is delinquent.1Alabama Department of Agriculture and Industries. Ginseng – Plant Protection Because the season opens September 1, registering late can cost you the first weeks of digging. Permits run for one calendar year and must be renewed. Forms come from the Department’s Plant Protection section through its website or Montgomery office.
Selling and Shipping Your Roots
Once you dig, keep basic notes on each site — the date, county, weight, and location — because the commissioner can request the precise location of any harvest site at any time.7Alabama Legislature. Alabama Code Title 9 Chapter 13 Article 10 Section 9-13-244 – Record Keeping Requirements When you sell to a registered dealer, the dealer logs the transaction against your permit number.
Ginseng leaving Alabama has to be certified by the state first. Dealers cannot legally hold or buy uncertified roots, and any uncertified ginseng from another state has to be returned within 30 days.8Alabama Administrative Code. Alabama Administrative Code Rule 80-10-13-.05 – Uncertified Ginseng Prohibitions For international shipments, a separate CITES export permit is required from the U.S. Fish & Wildlife Service, and state certification is a prerequisite.9U.S. Fish & Wildlife Service. 3-200-34 – Export of American Ginseng (CITES) (Multiple Commercial Shipments)
Federal Penalties If Roots Cross State Lines
Once ginseng moves out of Alabama, state violations become federal ones. The Lacey Act makes it a crime to transport, sell, or buy any plant harvested in violation of state law.
Knowingly selling or buying illegally harvested ginseng worth more than $350 across state lines is a felony carrying up to five years in federal prison and fines up to $20,000. If you did not know but should have known — buying from an unregistered digger with no paperwork is the classic example — it drops to a misdemeanor with up to one year and fines up to $10,000. Civil penalties of up to $10,000 per violation can be stacked on top.10Office of the Law Revision Counsel. 16 USC 3373 – Penalties and Sanctions Your registration, your landowner permission slip, and your dealer receipts are the proof that you dug and sold legally.
Identifying Wild Ginseng in the Field
Mature ginseng is distinctive once you know what to look for: three or more prongs radiating from a single stem, each with five serrated-edged leaflets, and in late summer a cluster of bright red berries at the center where the prongs meet. Those berries are the seeds you plant back after digging.
Immature ginseng is harder, and it has look-alikes in the same shady woodland habitat. Virginia creeper and buckeye seedlings both produce five-leaflet clusters that get mistaken for young ginseng. Poison ivy grows in the same understory and is the practical reason to identify before you handle. If a plant you find lacks red berries during harvest season, it is either too young or already past; either way, leave it.