When Is Ginseng Season in West Virginia? Dates, Rules, and Penalties

Ginseng season in West Virginia runs from September 1 through November 30. Digging, collecting, or gathering wild ginseng at any other time of year is a misdemeanor under West Virginia Code § 19-1A-3a.¹ The same September-through-November window also applies to wild simulated and woods-grown ginseng. Only cultivated ginseng can be harvested year-round.

You do not need a state permit or license to dig wild ginseng during the season.² You do, however, need to follow the rules below. Getting them wrong carries fines that start at $500.

Which Plants You Can Legally Take

Four conditions have to be met before you put a shovel in the ground:

The plant must be at least five years old. You can estimate age by counting the bud scars at the base of the stem; a five-year-old root will have at least four scars, because the plant doesn’t produce one in its first year.¹²
It must have at least three leaf prongs and no fewer than 15 leaflets. That generally signals the plant has reached the five-year threshold.²
The berries must be red, meaning the seeds are mature and viable.²
You must plant the seeds from every harvested plant at the site where you dug the root.²

Where You Can and Cannot Dig

Private Land

You can dig on your own land during the season. On someone else’s enclosed or posted property, you must first get written permission from the landowner, tenant, or their agent, and carry that written permission with you while digging.¹ Digging without that permission is a separate offense under West Virginia Code § 61-3-35.³

State Forests, Parks, and Other State Land

Digging ginseng is prohibited on state forests, state parks, and other state-owned public land in West Virginia.² This catches people out every year, especially because national forest land follows a different rule. Check the land status before you dig.

National Forest Land

Harvesting is allowed on certain U.S. Forest Service lands, including the Monongahela National Forest, with a Forest Service ginseng permit. Permits cost $20 each, and you need a separate permit for each ranger district. Each one allows the collection of up to 95 plants from that district, with a daily possession limit of 24 plants while on national forest land. Permits are sold at ranger stations across the forest and at the Supervisor’s Office in Elkins.⁴

National Park Service Land

Harvesting ginseng on any National Park Service land is illegal, including units within West Virginia such as the New River Gorge National Park and Preserve.⁵ National park land and national forest land are not the same thing, and the rules are not the same.

Cultivated, Woods-Grown, and Wild Simulated

If you are growing rather than hunting, different rules apply. Woods-grown ginseng is planted in prepared beds under the forest canopy. Wild simulated ginseng is planted in the woods without bed preparation and without chemicals. Cultivated ginseng is grown under more controlled conditions.¹

Anyone growing cultivated, woods-grown, or wild simulated ginseng must obtain a grower’s permit from the Division of Forestry. Before planting, you have to submit a plat of the exact planting location and get a written determination from the Division certifying the area is free from wild ginseng. Wild simulated and woods-grown ginseng follow the same September 1 to November 30 season and the same five-year minimum age as wild ginseng. Cultivated ginseng can be harvested year-round.¹

Selling Your Roots and the April 1 Deadline

All ginseng harvested in West Virginia must be certified by the Division of Forestry as to type, origin, weight, and lawful harvest before it can leave the state.¹ Only registered dealers can certify ginseng.²

You have until March 31 of the year following your harvest to either sell your roots to a registered dealer or have them weight-receipted by the Division of Forestry. All ginseng other than cultivated must be certified or weight-receipted by April 1. Possessing uncertified wild ginseng between April 1 and August 31 is illegal.¹

Anyone who buys ginseng in West Virginia must first obtain a Ginseng Dealer’s Permit from the Division of Forestry, along with a West Virginia business license, certified scales, and compliance with workers’ compensation and unemployment compensation requirements.⁶²

Penalties

Under § 19-1A-3a, a first offense is a misdemeanor carrying a fine of $500 to $1,000. Each subsequent offense carries a fine of $1,000 to $2,000, up to six months in jail, or both. In every conviction, the court must order forfeiture of all ginseng involved in the offense.¹

On top of the criminal fine, the Division of Forestry can independently assess a civil penalty of $500 to $1,000 for any violation of the ginseng statute or its regulations.¹ A single violation can trigger both.

Digging cultivated ginseng on another person’s land without consent is its own misdemeanor under § 61-3-35, carrying a fine of at least $100.³ Trespassing to dig wild ginseng on posted property can expose you to charges under both statutes.

1
West Virginia Legislature. West Virginia Code 19-1A-3A
2
West Virginia Division of Forestry. Ginseng Program
3
West Virginia Legislature. West Virginia Code 61-3-35 – Digging Cultivated Ginseng; Penalty
4
U.S. Forest Service. Permits Available for the 2025 Ginseng Season on Monongahela National Forest
5
U.S. Fish & Wildlife Service. Wild American Ginseng Information for Dealers and Exporters
6
Justia Law. West Virginia Code of State Rules 22-01-6 – Dealers Responsibilities