Is it illegal to sell medicinal weeds?

[Geoff Dann]

I was wondering if anybody here knows more about the law on this than me. I know there are now regulations in place preventing people from selling preparations and pills made from wild plants - you aren't allowed to sell unregulated herbal remedies.

I'm not a medical herbalist - I'm a mushroom expert and becoming an expert in wild plants. Today I found something that turned out to be called "Pellitory of the Wall", and it is listed in several reference books as being medicinally useful for kidney complaints. Now...I already sell wild mushrooms and edible weeds to people, and there's no law against that. Is there a law preventing me from selling a non-edible weed to somebody because they've got a kidney complaint and want to try a herbal remedy?

In other words, can I be just a legal "seller of weeds" who claims only to have botanical knowledge rather than medical knowledge? Can I sell somebody a weed knowing that they intend to use it medicinally and yet still claim that I was merely selling them a weed?

 

[Dannytsg]

I think legally you could sell it as a weed making reference to previously documented research about the item itself but not advocating it's use as a medicinal aid.

If you were selling specifically with the angle of it's use as a herbal medicinal aid then I think you may fall foul of the law but don't quote me on that.

I'm sure someone with more knowledge on this can jump in and correct me if I am wrong.

 

[mountainm]

I was wondering if anybody here knows more about the law on this than me. I know there are now regulations in place preventing people from selling preparations and pills made from wild plants - you aren't allowed to sell unregulated herbal remedies.

I'm not a medical herbalist - I'm a mushroom expert and becoming an expert in wild plants. Today I found something that turned out to be called "Pellitory of the Wall", and it is listed in several reference books as being medicinally useful for kidney complaints. Now...I already sell wild mushrooms and edible weeds to people, and there's no law against that. Is there a law preventing me from selling a non-edible weed to somebody because they've got a kidney complaint and want to try a herbal remedy?

In other words, can I be just a legal "seller of weeds" who claims only to have botanical knowledge rather than medical knowledge? Can I sell somebody a weed knowing that they intend to use it medicinally and yet still claim that I was merely selling them a weed?

Personally I wouldn't go there. Herbal medicine is just as dangerous as standard medicine and needs to be taken (or prescribed) with a full knowledge of the patients history, ailments and currently prescribed medication. Something as simple as lavender oil for example can cause issues for pregnant ladies, and if I remember right epileptics.

I wouldn't even want to put myself in the position where something could go wrong - regardless of how you try and avoid liability.

 

[Retired Member southey]

Are you able to diagnose a medical problem, be aware of all the symptoms so as not to confuse with something else, know the possible uses\preparations of the plant you are selling and know what the effects and side effects are and what given the persons history which of these are likely to manifest, and if the do which are serous and will require medical treatment and which could be considered a normal effect of the plant\fungi, I would pm Sand snakes (member here) and ask his advice,

 

[udamiano]

basically, you are not allowed to prescribe any form of medicine unless you hold the relevant qualifications and registrations. you would be open to criminal liability if any of those you gave the medicine to reacted negatively to that medicine.

The Medicines Act 1968 states

Part 3 Section 52

NO person shall, in the course of a business carried on by him, sell by retail, offer or expose for sale by retail, or supply in circumstances corresponding to retail sale, any medicinal product which is not a medicinal product on a general sale list, unless—

(a)​

that person is, in respect of that business, a person lawfully conducting a retail pharmacy business;

(b)​

the product is sold, offered or exposed for sale, or supplied, on premises which are a registered pharmacy; and

(c)​

that person, or, if the transaction is carried out on his behalf by another person, then that other person, is, or acts under the supervision of, a pharmacist.

I think your main problem is the usage of the word 'medicine' any medicine is strictly controlled either in its refined state or not. herbal 'remedies' so I understand contain components that may be used in medical areas, but themselves are not medicines.
I would strongly advise you get expert advice on any venture like this, as if it goes bad, it will go very bad indeed. Try contacting the British Medical council for advice

Food is different,although technically you should contact your local environmental health office and register yourself if you supply any foods stuffs to the general public for their consumption

 

[rik_uk3]

The new regulations have or will stop quacks selling herbal stuff under the guise of medicine unless the potion has been clinically proven and approved but I suppose you can sell a weed so long as you don't claim it has any medicinal benefits. Personally I'd not because you don't really know what your selling or who you are selling it too and have absolutely no idea how the weed and punter will react together.

 

[British Red]

There is another aspect to this - its illegal to sell foraged items. They must be grown on your own land or harvested with landowners authority.

This isn't specific to medicinal items.

Not trying to be clever here - just that you enquired about legality

 

[xylaria]

There is another aspect to this - its illegal to sell foraged items. They must be grown on your own land or harvested with landowners authority.

This isn't specific to medicinal items.

Not trying to be clever here - just that you enquired about legality

This is pretty much on the money as far as I know. I am not sure about illegal but I am pretty sure about not legal. Foraging for personal use stands up in a court and commercial mostly doesnt.

There is an acceptance of blackberry jam or rowan jelly and such which are sold by hobbist makers on a small scale. Commercial foraging where there kilos of raw ingredant sold to third parties is not covered by common law.

I do gather medical plants for people on request. I have never taken payment as it useally supplied on need. For example a freind wants comfry for salve they wish to make in their own kitchen. i will do things like make plantian seeds biscuits which are very gentle laxatives and supply them on demand to people I know.

 

[British Red]

Pretty sure its covered by the 1968 Theft Act if you sell

"A person who picks mushrooms growing wild on any land, or who picks
flowers, fruit or foliage from a plant growing wild on any land, does not
(although not in possession of the land) steal what he picks, unless he does it
for reward or for sale or other commercial purpose."

 

[xylaria]

Thanks for that. That is really clear.

I know a commercial forager that works out of ashdown forest, she has a licience. One of the woods we have permission to run courses from has commercail foragers working with permission, that are only allowed the species that have been agreeed with co-op that run the wood. I am was a bit supprised how much welsh bittercress went for in london.

 

[sandsnakes]

Thanks for the vote of confidence Dave!

This is a nightmare situation but simply put...if you move from selling culinary herbs (which do have medical uses) to non culinary i.e. 'weeds' you are in a world of potential legal problems. You can sell anything as long as there is no advice given or implied. BUT if it is listed as not fit for consumption, allergy reactions etc, etc this must be stated. Also you calling it weed does not alter its legal deffinition. Herbalists such as Baldwins are constantly having there stocks reduced and having to print cautions on products. More potential trouble than its worth. Oh yes dont forget the insurance, approprite storage, correct bags, drying (mold free?), cross contamination when packing, BCMA membership, etc, etc

Sandsnakes Dr Naturopathic Medicine.

 

[joejoe]

not being nasty but just spent 5 days without sleep through wife being seriosly il because doctors could not get her meds right/ so no you should not be selling this . sorry rant over

 

[sandsnakes]

The new regulations have or will stop quacks selling herbal stuff under the guise of medicine unless the potion has been clinically proven and approved but I suppose you can sell a weed so long as you don't claim it has any medicinal benefits. Personally I'd not because you don't really know what your selling or who you are selling it too and have absolutely no idea how the weed and punter will react together.

Unfortunatly Rik the regulations make no differntiation between those who have had 3/5/7 years of formal study, well establised companies (some who have been suppliers for over a hundred years) and loonies who poultice deep penetrating wounds that need surgery. Herbs are medicines and there are many highly qualified in there use who are members here. So may i ask for a more selective term than that of 'quack' please. Shall we redeffine them as the ill informed and illadvised?

Sandsnakes

 

[Wildgoose]

With regards to theft, you cannot pick wild plants if at the time of doing so you intend to sell them. If you make the jam then decide it's so good you want to sell some that's legal, as you had no intent at the time of taking the plant. How clear is that?!
I would be very careful selling plants for medicinal use, as the provider you would need to monitor potency, give warnings as well as have some sort of insurance in case somebody dies after using it wrong. Disclaimers don't seem to be enough anymore. We live (sadly) in a blame culture.

Just as a side, the womens institute have permission to pick and sell fruit and preserves etc for the purpose of raising money for charity. Even that ended up in the high court.

 

[mountainm]

Just had a thought relating to your previous wild lettuce sap comment post. You aren't alluding to legal highs here at all are you?

 

[xylaria]

Unfortunatly Rik the regulations make no differntiation between those who have had 3/5/7 years of formal study, well establised companies (some who have been suppliers for over a hundred years) and loonies who poultice deep penetrating wounds that need surgery. Herbs are medicines and there are many highly qualified in there use who are members here. So may i ask for a more selective term than that of 'quack' please. Shall we redeffine them as the ill informed and illadvised?

Sandsnakes

The thing is no law that can legislate for A] total stupidity B] corrupt greed.
I am , and so are quite a few on here kitchen herbalists, that is normal complaints that are normally treated at home are often treated with plants and fungi. I wouldn't stitch a wound on the dinning table or treat cancer, so i wouldnt do so with herbs. I have been suprised with the wounds the brich polypore fixes together. I certainly wouldnt treat a kidney issue, but if some asked for certain plant I would collect it under some conditions.

 

[rik_uk3]

Unfortunatly Rik the regulations make no differntiation between those who have had 3/5/7 years of formal study, well establised companies (some who have been suppliers for over a hundred years) and loonies who poultice deep penetrating wounds that need surgery. Herbs are medicines and there are many highly qualified in there use who are members here. So may i ask for a more selective term than that of 'quack' please. Shall we redeffine them as the ill informed and illadvised?

Sandsnakes

Difficult as the overwhelming majority of these remedies have no solid, clinical, peer reviewed backup to support their claims so these sellers/makers...what are they? Those here you talk of are qualified in what and from where regarding home made lotions and potions etc? They are not medical Doctors.

Quack, quacks, quackery is a valid and old English word to describe what is practised if you look it up and therefore a perfectly acceptable word to use. It is not derogatory, just descriptive and accurate.

 

[sandsnakes]

Traditional English words

Bigotry is the state of mind of a "bigot", a person obstinately or intolerantly devoted to his or her own opinions and prejudices, especially one who exhibits intolerance or animosity toward members of a group.[SUP][1][/SUP] Bigotry may be based on real or perceived characteristics, including sex, sexual orientation, gender identity, race, ethnicity, nationality, region, language, religious or spiritual belief, personal habits, political alignment, age, economic status or disability. Bigotry is sometimes developed into an ideology or world view.
Oliver Wendell Holmes, Sr. described bigotry in the following quotation: "The mind of a bigot is like the pupil of the eye; the more light you pour upon it, the more it will contract."

 

[xylaria]

marriam webster superstition ;[2] a notion maintained dispite evidance to contrary.

http://www.sciencedirect.com/science/article/pii/0166354292900387 nettles and hellborine antiviral activity

http://www.sciencedirect.com/science/article/pii/S0944711305001510 comfrey better than diclofenic gel

There are thousands and thousands of peer reviewed papers on herbal medicines. Herbal drugs dont get marketed in britian to doctors because there is no profit for drug companies, and the use of herbs are hardly covered in medical school. i have repeatly made this point. It is a tirsome argument, as i know I am wasting my breath on a bigot.

 

[johnboy]

Bigotry and superstition aside the OP was is it illegal to sell medicinal weeds.... So far we've learned that it's illegal to sell foraged stuff and there seems to be a good deal of sense in the assertion that if you're going to sell medicinal plants then you should know what your doing and have some idea how to diagnose and prescribe the correct plant and dosage for a given patient...

That I suspect is the exceedingly tricky bit to actually do in practice.