Cordyceps sinensis is a national second-level protected plant.

The procedures for collecting national second-level protected wild plants are as follows:

Collecting national second-level protected wild plants must be signed by the wild plant administrative department of the county-level people's government at the place of collection. Apply for a collection license to the wild plant administrative department of the people's government of the province, autonomous region, or municipality directly under the Central Government or its authorized agency.

The standards for registration of national secondary protected plants are as follows:

1. It constitutes the crime of illegal logging and destruction of national key protected plants;

2. Illegal logging and destruction Rare trees or other plants under key state protection;

3. Illegal acquisition, transportation, processing and sale of precious trees or other plants under key state protection and their products.

The penalties for illegal collection of national second-level protected wild plants are as follows:

1. Excavation of second-level protected plants constitutes the crime of endangering national key protected plants and shall be punished with fixed-term imprisonment of not more than three years or criminal detention Or control and be fined;

2. If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.

The subject of this crime is a general subject. Any natural person who has reached the age of criminal responsibility and has the ability to be criminally responsible can constitute a criminal offender. Units can also become the subject of this crime.

In summary, Cordyceps sinensis has officially become a national second-level key protected wild plant. Individuals illegally harvesting Cordyceps sinensis will be punished in tiers according to the circumstances.

Legal basis:

Article 344 of the Criminal Law of the People's Republic of China

The crime of endangering nationally protected plants violates national regulations Whoever illegally cuts down or destroys precious trees or other plants under special state protection, or illegally purchases, transports, processes, or sells precious trees or other plants under special state protection and their products shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, or surveillance. and shall also be fined; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined.

Article 18 of the "Regulations of the People's Republic of China on the Protection of Wild Plants"

Sales and acquisitions of national second-level protected wild plants must be approved by the people of the provinces, autonomous regions, and municipalities directly under the Central Government. Approval by the government's wild plant administrative department or its authorized agency.