How is it legal to sell invasive plants?

In the U.S., each state has its own laws governing the sale of plants. Most states have a “noxious weeds” law that prohibits growing, selling, or transporting the plants identified as “noxious.” These lists are usually maintained by the state’s department of agriculture, and the plants included are those that cause the most damage to crops.

“Invasive” plants, however, are often identified by the state’s department of conservation (or an invasive plants council) and cover a much broader list than just agricultural threats — like plants that invade our forests, waterways, and parklands. Unfortunately, in most states there is no law against selling “invasive” plants.

In 2019, Indiana banned the sale of invasive plants, and in 2021, Delaware followed suit. In 2022, Maine passed a law banning the sale of invasive plants starting in 2024. We hope this is a trend that continues.

Why don’t they just make it illegal?

Some states are having success with this approach. Other states, like Virginia, are having more difficulty gathering momentum behind legislation that would ban the sale of invasives. In 2021 the Virginia Invasive Species Working Group met for six months and yet produced no strong recommendations for new laws governing the sale of invasives. Environmental groups across the state were deeply disappointed. You can read the full report here.

It takes many years to get these new laws passed — and it costs taxpayers money to do so. We shouldn’t have to wait for it to be illegal just for Home Depot to step up and do the right thing. Our farmers, our forests, our health, and our economy are suffering now.

What exactly is an invasive species?

By U.S. law — Executive Order 13112 — an “invasive species” is “an alien [non-native] species whose introduction does or is likely to cause economic or environmental harm or harm to human health.”

Why only Home Depot?

Home Depot is the largest retailer of nursery plants in the United States. Together with Lowe’s, Home Depot controls nearly 50% of all garden center plants sold in the country. They are the 800 pound gorilla in the nursery industry.

Are you a disgruntled employee?

Petition author here. No, I’ve never worked for Home Depot. I’m actually a long-time, happy customer — Home Depot has been my go-to store for tools, hardware, paint, carpet, and more. I’ve spent a fair amount of money in their garden centers, too. I just want them to step up and do the right thing, and stop selling invasive plants that are hurting our farms, our forests, our health, and our economy.

What about Lowe’s?

We plan to petition Lowe’s next.

What about other nurseries?

After we petition Lowe’s, we plan to petition smaller, regional nurseries. Without change from the top of the industry, smaller nurseries will have no incentive to stop selling invasive plants if Home Depot and Lowe’s are still doing it.

What about the growers?

We plan to petition the major growers to stop growing invasive plants. They are hiding behind the distinction between the noxious weeds laws and invasive species lists as well. They know they are causing harm.

Why don’t you work with the nursery industry, like PlantRight does in California?

The PlantRight approach is a wonderful, collaborative method that has worked very well in California, though it has taken many years to achieve the progress they have made. This approach could possibly work well in other states, too. However, many states, like Virginia, are strongly pro-business and the nursery industry has a powerful lobby that doesn’t want to give an inch (see the Virginia Invasive Species Working Group report). In those cases, consumer pressure can also be a successful approach.

What else can I do to help?

Volunteer with and/or donate to your local PRISM, CISM, Weed Warriors or county Invasives Management Program. These organizations are the boots on the ground working to remove invasive plants from our woodlands, waterways, and more. Here are just a few:

Wildland Volunteer Network (CA)
Everglades CISMA (FL)
SICIM (IN)
Baltimore City Weed Warriors (MD)
Montgomery County Weed Warriors (MD)
CAKE CISMA (MI)
Central Michigan CISMA (MI)
JLW CISMA (MI)
Saginaw Bay CISMA (MI)
SMIST CISMA (MI)
Three Shores CISMA (MI)
Capital Region PRISM (NY)
Lower Hudson PRISM (NY)
Arlington County RIP (VA)
Blue Ridge PRISM (VA)
Fairfax County IMA Program (VA)
Plant NOVA Trees Tree Rescuers (VA)
Weed Wrangle (nationwide)

And check out our Take Action page for more ideas!

Why are invasive plants so bad?

Watch this short video from The Nature Conservancy: