I don't know but that is a good question. I have done it myself on occasion & have wondered as I am doing it if I will end up in jail.

I bet most of us have either done it or wanted to do it. My mother always carried a shovel in the trunk of the car for just that purpose! I'm less organized but I've done it too. I don't think it's a jailable offense unless you are on someone's property. We are talking about wild plants, right?

Know what you are digging, though, because some plants are protected and others can be terribly invasive in your yard!

Kate

It would be interesting to know if there IS a law, because I'm sure most of us have done it at times. My rule of thumb has always been, be sure it isn't on someone's property, and be sure it isn't something that the country (city/state/whatever) deliberately planted. In some areas, the county scatters wildflower seeds, and I'm sure they wouldn't take kindly to people digging those up, for instance.

But if it's obviously something that volunteered, is wild, isn't on private property, and is a desirable plant, I don't worry too much. I don't do it often, but there are times when I have, following those guidelines.

It also helps not to have too many witnesses! *grin*

Marcia

I've done this before without any problems. As long as you follow the advise already mentioned you you should be fine. But as Kate said, make sure that whatever plant you're going for isn't on the threatened or endangered species list. If you are caught digging up one of those you could end up paying a hefty fine. An example of that is I believe it's a $500 fine for digging up coonties in the wild because they have been heavily commercially exploited (I could be wrong about the amount though). And I wouldn't recommend touching any wild orchids until you've verified that they aren't endangered.

Kara

For those who are REALLY curious:

1. Taking of plants from the public right-of-way (side of the road, not meaning from someone's yard alongside the road) would be petit theft. See Florida Statute 812.012, which pertains to theft and which defines "property" as anything of value, and includes: real property, including things growing on, affixed to, and found in land.

2. Per Florida Statute 812.014(1), which also pertains to theft, a person commits theft if he or she knowingly obtains or uses, or endeavors to obtain or to use, the property of another with intent to, either temporarily or permanently:...(b) Appropriate the property to his or her own use or to the use of any person not entitled to the use of the property.

3. Per Florida Statutes 775.082, 775.083, and 812.014(5)(b), Petit theft is punishable by $500 fine and suspension of your driver's license for 6 months (unless you have a prior record of theft, then the punishment and crime are upgraded to something more severe).

4. I can't find the statute right now and I've lost interest in this research, so I'll just chalk this last one up to personal knowledge. Just because a road is a public road does not mean you, as a member of the public, own the road and the underlying land. The public merely has the right to use the right-of-way. When most roads are dedicated to public use, the document that creates that dedication usually has verbiage to that effect.

I am not a lawyer. This post was based on my personal research and experience.

Thanks for some really good information. Guess I'll continue limiting my appreciation for this plant from afar. I think the next time I drive by that area I'll take a picture and see if anyone can identify it. For all I know it might be a weed and I've been wasting time trying to figure out if I should 'procure' it.

Thanks again.

This is an old post, but I was wondering the same thing today after seeing this happening on my way home. A man and his son were digging up plants on the side of the road -- city property between road and sidewalk. It made me uncomfortable because I live where the so-called weeds (actually native plants, grasses and wildflowers) hold easily-eroding soils in place preventing erosion. They didn't take just one or two. They took a whole bucket full. After I got home, I kept wondering about the legality of this. I called the non-emergency police number and asked. I was told it was theft because it the people were "intentionally and permanently depriving" that land / "land owner of those plants. Maybe that isn't true everywhere, I don't know. But that's the law where I live.

I saw people digging at the mucky edge of a public nature park near my home. I was upset they were digging up the blooming canna lilies until I realized that they were after fishing worms.

I've dug up plants on roadsides before, but only in areas where they were being completely mowed down regularly. I only took one or two where there were plenty. I always did it on Sunday mornings when the streets were quiet and cops are usually nowhere to be found.

dirtygardener Depending on where you live and the soils there, that can begin a cycle of erosion. When the plants are weed-whacked / mowed, the roots stay in place holding the soils. It's one or two plants from you but multiply that if 100 people stop by the same area and help themselves to plants. Most wild plants don't survive transplanting. The Forest Service has a nifty brochure about this.

dottt1, I'm a Pantheist. We literally worship the earth, so I'm well aware of erosion, and always fill my holes back in. I use the "leave no trace" method whenever I am in nature. Trust me, there will not be 100 people digging tiny little plants off the roadsides where I live, but I do see your point, and appreciate your concern for our earth and our plants. I never dig large plants, only take cuttings or gather seeds for reproduction. I would never leave a large hole anywhere in nature for my own gratification. That would be like poking a stake into Mother Nature.

So there are definitely lots of wild flowers that specifically have signs that say do not pick or mow wild flowers. In Texas the state flower is the blue bonnet. For the longest time everyone said it was illegal to pick them... I found out from a reliable source that it is not illegal, however it is definitely very frowned apon and can be offensive to some die hard Texans who grew up here and appreciate they wild grown state flower and it's beauty. You also need to make sure that what ever you may choose to pick or dig up is not a poisonous flower/plant or weed. If you open up Google chrome and press the website tool bar there is a camera in the right corner of the website link bar. Click on that and you can reverse Google image and it helps to identify what you are photographing.

dirtygardener It's not the hole but the lack of roots that will lead to the erosion. The roots are holding the soil in place. Covering a hole where a plant has been taken does not prevent the erosion that will take place after roots that were holding the soil in place are no longer there. .

Megan Paulsen I kind of like the idea of a plantnapper getting a poisonous plant by accident.