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Sarracenia oreophila

I received my plant as a gift from a grower in Oregon, but I have no documentation of the gift.

This plant is among the most vigorous in my collection, and just keeps dividing. I would love to share the divisions, and possibly trade them for other CP.

Is this allowable by law? What must I do to remain law abiding if it is possible to share my plants?
 
If I rememeber right and the laws haven't changed since I got mine 5 years ago. You can sell it if you are selling it within your state. If the plants is crossing state lines, the plant can't be sold nor traded. I think it is legal for the person recieving the plant to pay postage, but I'm not sure.

You could just label it S.flava, but that would be wrong and illegal. Oh yeah just so you know I can't break any laws for 685 more days.
 
So no trades if it crosses state lines.....hmmm. But how would anyone ever know if it was a gift or a trade? Is it just a matter of conscience?

No, i would remin legal and not seek to decieve, esp. now that I am a Mod here again, and what with the NASC hosted here. It wouldn't do to have issues and problems.

Remind me to tell you of what hppened to me whilst collecting a few sundews from a bog society preserve. Then you'll understand, lol.

How come just 685 days? Are you in jail again?
 
No, not jail, probation. I was collecting sundews from a bog society preserve.
 
You can give the plant to anyone you want. Selling it out of state= jail time. Trades are an absolute no-no. And even postage is paid by the giver. NEVER break these rules. The punishment is just not worth it. Same with seed as far as that goes.
 
It seems to me there has to be some sort of documentation. A Post al officer can'tr decide what the agreement was, it I took money or what if they open a box with S. oreophila in it, right? Unless they have crystal balls. *Dont say it , Bug!*

Good one Ozzy. I didn't get probation though, but someone came very close to needing an ER visit and it wasn't yours truely.

685 days, hmmm. It's a riddle. Ahhh, I bet PAK will know. I'll go pump her for the real story.
 
Not really a riddle. At the beginning of March I was in Ohio. To make a long story short, police were called for a broken tail light. Police came asked questions, I walked to a nearby store. Cell phone rings and the cop tells me I fled the scene and he was going to charge me with a number of felonies. My response was I didn't do anything wrong so I'm not going back. K9 was called, they still couldn't find me. So the cop called me again and made a deal with me. If I turned myself in I would be charged with misdemeanors and I would be booked and released. I agreed. I was arrested for Identity theft, obstruction of official business, and fleeing.

At the jail when I was being booked I was told the charges, I told the cop that I couldn't be charged with fleeing because I was never detained, and I was never told I couldn't leave the scene. Since it wasn't my car that was damaged and I was not involved in the incident and I didn't witness anything, there was no reason for me not to be allowed to leave the scene. I was fingerprinted, had mug shots taken and put in a jail cell until somebody bailed me out. Three hours later I was taken back to the booking area. I was told to sign the list of charges. I read it first. The charges were different. Now I was being charged with Identity fraud instead of Identity theft. The obstruction charge was the same. But there was a charge I didn't recognise. The charge was simply DCI. I asked what DCI was and the same cop that I had been talking to the whole time from when he first arrived at the scene, through the booking, told me it was because I was intoxicated. I had not had any alcohol for weeks before this incident, so I was not intoxicated in any way. I politely told the cop that I wasn't drinking. He said "Well, you must have had a few too many last night" I then said in a voice not quite as nice before but not rude at all " You know I wasn't drinking" He said We have it all on video tape, tell it to the judge. NOW SIGN THE CITATION". I realised at that moment that they were adding fake charges on me because they realized that they called K9 and caused a big incident because I walked to a store that was 700ft away. I was from out of state and they thought I would just hire a lawyer to plead it down, instead of showing up for court.
I politely said "Ok I'll sign it." I grabbed the pen and circled the DCI charge and wrote OMIT on it. He jerked the pen out of my hand, and yelled "WHAT DO YOU THINK YOU'RE DOING?" I yelled back "I'M WRITING OMIT ON IT BECAUSE YOU KNOW I WASN'T DRINKING!"
That's when this cop and a little 8th grade looking cop beside him started yelling at me about defacing their citation. I was yelling back at them about them charging me with things that they know I didn't do. There were some more colorful words in there but I really don't remember half of what I said. They both grabbed me by the shoulders and walked me down a long hallway. They whole time I was giving them more examples of other colorful words that I knew. We came to a door, They unlocked it, opened it and pushed me through it. I was then in the lobby of the jail. So I guess you could say I was thrown OUT of jail.
I went straight to the hospital, and had them do a blood alcohol test on me to prove I wasn't intoxicated.
I had to fly home that night, and you get some strange looks walking through an airport with mud all over your clothes from running through the woods.
When I got home I looked up the DCI charge to see what it meant. It is Disorderly Conduct while Intoxicated. LOL

I went to court for the pretrial and part of the settlement is that I break no laws for two years. 685 more days to go until I can go on my next crime spree because I am such a dangerous criminal. LOL
 
Tamlin you could gift it this way and then I could gift something in return.  
smile_m_32.gif
What do you want?  LOL I have a seedling of a heavy veined oreo that JBL gifted to me that made it here fine.  

JBL its doing fine by the way.  Adding a second pitcher for me making a total of 4.:;):
 
Ozzy my man....have ya ever kicked a hornets nest? When the light is red, what do you do? Yes, you did nothing wrong but you still have to treat LE like they are rabid animals and not provoke them! Too many of them ARE rabid animals, see? It's patently clear these servants of justice were abusive in the use of their power, inaccurate in their judgement, and not fit to protect or serve anything other than their interests. That you got caught in it is unfortunate. I admire the spirit that stands up for itself but for Darwin's sake man, the next time SIT DOWN!

JBL, this can be done. I want anything compact and not too tall. Let's chat about it sometime. I want to get some more details regarding the legality of the matter. There should be some way we can trade. If not, then 'll just send you the plant.



Then you can send me the orchids later.

You see how absurd the law can be?
 
  • #10
Wow. What a day! Thrown OUT of jail. Wow.
Tamlin - 'for Darwin's sake' - I like that.
 
  • #11
My advice is to call the USDA and find out from them. It's possible it might require permits rather than being impossible, and I have a vague recollection that the rules are different for tissue-cultured plants.

Anyhow, the best place to get info is right from the horse's mouth, so give the local USDA office a call. Chances are they'll be thrilled that someone actually *wants* to follow the rules.

Mokele
 
  • #12
Ok, I deleted it for you Will
 
  • #13
Could someone delete the above post for me before it confuses me? Good thing my eyes are all blurry and I can't read it at all.

Guess I'll have to have Bugs Ninja deliver the plants.
 
  • #14
Ninja fast like wind! Silent as mouse. Deadly as tiger. They will make it to destination undetected. Ninja honor is at stake.
 
  • #15
'for Darwin's sake' ahh yes! One of my favorite sites Darwin Awards
Ozzy, you're a great guy. Don't be in such a hurry to remove yourself from the gene pool.
smile_m_32.gif
 
  • #16
Gotta love old Charlie Darwin. BTW, the proper title is the Rev. Charles Darwin. He was a man of the cloth, which many folk don't know. He was very brave to publish his theories considering the religious climate he was in and knew what was going to fall on his head from it. He did it anyway. I would encourage all to read his works...the man had an insight that had to have been divinely inspired. He had real guts too....imagine sailing in a sail powered ship to Australia! Sorry for the off topic, but the man is a hero to me.
 
  • #17
That's terrible Ozzy
smile_k_ani_32.gif


Tamlin - can't you just write a note in the parcel explaining the oreo's being sent for free?
 
  • #18
S. oreophila is protected by both Endangered Species Act (ESA) and CITES. Here's a snipplet of the penalities...

[b said:
Quote[/b] ]
SEC. 11.
(a) CIVIL PENALTIES.-
(1) Any person who knowingly violates, and any person engaged in business as an importer or exporter of fish, wildlife, or plants who violates, any provision of this Act, or any provision of any permit or certificate issued hereunder, or of any regulation issued in order to implement subsection (a)(1)(A), (B), ©, (D), (E), or (F), (a)(2)(A), (B), ©, or (D), ©, (d) (other than regulation relating to recordkeeping or filing of reports), (f), or (g) of section 9 of this Act, may be assessed a civil penalty by the Secretary of not more than $25,000 for each violation. Any person who knowingly violates, and any person engaged in business as an importer or exporter of fish, wildlife, or plants who violates, any pro- vision of any other regulation issued under this Act may be assessed a civil penalty by the Secretary of not more than $12,000 for each such violation. Any person who otherwise violates any provision of this Act, or any regulation, permit, or certificate issued hereunder, may be assessed a civil penalty by the Secretary of not more than $500 for each such violation.

http://www.fws.gov/Endangered/esa.html
 
  • #19
Any new news on this topic? Findings? If there's anyone out there who's looking to do some home hybridizing, it would be great for them to be able to use S. oreophila, since it's supposed to impart great characteristics to its offspring. Plus, the more plants distributed in captivity, the less opportunity poachers will have to make a buck off of them.
 
  • #20
There are already hybrids. You're allowed to buy hybrids.

I want one crossed with S. flava.... The height and the heft would be cool.
 
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