Whatnot limits the sale (or giveaway) of plants based on plant-type, geography and applicable laws and regulations.
Prohibited: The following plants and plant-related items are prohibited:
- Plants that are prohibited at the local, state or federal levels, including the following:
- Toxic or poisonous plants, including (but not limited to) hemlock, nightshade, oleander, snakeroot, mandrake, mayapple, wolfsbane, tonka beans, bloodroot, pong-pong seeds
- Hallucinogenic or drug-related use plants, including (but not limited to) marijuana, kratom, salvia divinorum, psilocybin, opium, peyote, mimosa hostilis, ayahuasca, opium poppy/poppy straw, psychoactive cacti, mescaline.
- Fertilizer
- Live fungi or fungi spores (including mushrooms)
- Hemp plants
Requirements when selling plants: Sellers must comply with the following requirements when selling plants on Whatnot:
- Continental US only: Plants may only be sold by sellers located in the continental US to buyers in the continental US (i.e., all US states excluding Hawaii, Alaska and all US territories).
- Disclose species: Sellers must disclose the plant species (household or latin name) being sold in the relevant livestream and/or listing.
- No health claims: Sellers must not market plants with health claims related to the ingestion of plants.
- Package label: All plant shipments must be labeled on the outside of the package with the state of origin of the plant, and a description of the package content (plant species and quantity).
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Comply with all federal, state and local laws: As is always the case on Whatnot, buyers and sellers are responsible for ensuring they comply with all applicable laws. Buyers and sellers must stay up-to-date on applicable laws and regulations related to the sale, importation (if applicable), shipping, delivery, and labeling of plants and plant materials. State and regional requirements may vary depending on the plant being sold. We recommend sellers review the following materials, and speak to their own legal counsel if they have any questions about selling or shipping plants.
- National Plant Board regulations (state regulation list)
- USDA website
Additional information:
- Please have a look at the Plant Seller Best Practices for more information and tips when selling and buying plants on Whatnot.
- To avoid being billed back for any buyer refunds, sellers should ensure they adequately pack and ship their plants.
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