The problem is mostly in US because CITES enforcers interpretation of Vietnam's statement that no Cat I plants were legally released! All those plants are legal in Canada! One problem is that some plants were released before they were moved to CITES Cat. I and most people didn't keep receipts.
For the Vietnamese paphs, it is actually half true. Vietnam governement has a 2 step system for export of orchids.
- Buying 200 hangianum in the streets is legal.
- There are a lot of licences to get for export, not only a phyto or whatever, but permit to export, permit to make business with a foreign company for wildlife, etc...
Furthermore, there are offices that issued export phytosanitary certificates for all the paphs species from Viet Nam, but the Vietnamese governement reclaimed those permits, on the basis that the office was not allowed to issue them. Same story in China actually.
No one completed it fully actually.
About the plants that were released before they were moved to CITES App I, it is true and wrong. when the paphs have been upgraded to App I, there was a 1 year (or 2 years???) timeframe where the commercial growers and the hobbyists could declare their plants to the authorities. Most Orchid societies, at least in Europe, did not inform their members. Only some commercial growers did it, and hide it, because they knew that it would be a valuable asset for the future. That was not fair...
On the plants that were imported before Cites App I, I am pretty sure there are not that many alive in the trade ( I do not speak about private or breeder collection).
And from the new species of paphs, apart from anitum that existed for years ( I remember AnTec had a picture of a beautiful anitum over 10-15 years ago!), the hangianum helenae tranlienianum etc... were unknown in cultivation when the paphs were upgraded to app I.
the police are free to look at our collections but they will have a hard time finding out what is non-legal. They don't have a clue what we are growing and what to point out in our collection.
Lol the police had to bloom the plants at a conservatory before they could make a charge, b/c they couldn't ID them. Come on they were micranthums, bellatums, etc.
Also sometimes you can't buy a blooming sized paph species and know 100% it was not collected. Nurseries (even reputable ones) can grow it a little and it will look as healthy as their own, and some are collected very healthy looking as shown before.
I think to the grower it is more important to be ethical. Buy what you feel is ethical to have.
If police ever try to break into my house in the vicious way they did in 'Orchid Fever' They will be invading my human rights and I will take action.
Some people from the customs are higly knowledgeable, I know about 10, and I trained several. But they will be highly discriminating, because they all understand the problem. Never touch the hobbyists, never touch the breeding stocks... and they can tell apart some groups of species easily.
About the bellatulum and micranthum, it is not laugheable. I have to explain from the inside how an expertise arise, so everyone will understand. It happened to me twice that the plants had to be bloomed to confirm ( delenatii !).
The plants are seized and it is found that they are partially precultivated. The expert makes a report that those are plants from the wild, precultivated. Fine...
Now the owner of the plants will claim that they are poorly grown pot-plant hybrids ( like in the Canada story). The case will be brought in front of a court, where the judge have NO CLUE about what people will be talking about. So, to avoid any risks, the only way is to wait until some plants bloom. Then the court gets a report:
- Plants are orchid species of that type ( picture attached), precultivated because the roots are this and that, and the leaves have damage.
Otherwise, maybe the owner will scream and complain that those plants are pot plant hybrids, the judge will be fed up, and will not do anything...
I was told by one vendor that the regulating people had hired a known criminal to break into his nursery to allow them to look for illegal plants. yes lots of hobbyist have non-legal plants though and unless your flaunting it out loud you shouldn't be bothered by the authorities.
I have been a customs expert and conciliator for over 10 years now, so I had a lot of cases, and have been asked by quite a lot of people from the "plant police". In many instances, I will have to shut up forever, but the evidences, the papers, and the tape records did NOT match at all what has been publicly said by those growers. Actually it never does. I can give 2 examples, because I happened to know the truth throught the enforcement agency on one side, and by myself on the other side, so I do not break any secret.
First, there has been this story of the poor guy that imported Paph sanderianum through Hawaii, 500 plants. Those were nursery raised and bred, etc... so those bastards of the "plant police" broke an honnest businessman. The truth is that he hired himself collectors in Sarawak, then paid a nursery to get CITES. There were gigantifolium that another man from Indonesia brought to Sarawak to put in the shipment, along with a CITES of course. All those plants were freshly wild collected, period.
Second, an "old" nusery that dealt in paphiopedilum from the Philippines. The owner was screaming like hell to whoever wanted to listen to him that those were "legacy vinage plants". Good proof: their nursery was sooooo old. Truth: he ordered 6000 plants from the Philippines few months before the customs seized them in his greenhouse. I have heard ( but of course I do not know if it is true or not

) that he signed to the customs a paper acknowledging that he imported illegally all those plants, and was willing to pay a fine to stop the court case. Still, he comes around exhibitions and complains about the bastards of the customs that seized their vintage paphs...
No one must believe those people when they speak about their misery with the customs. No one is in the office when the same people have to explain what they did exactly.
One more point, many professionnal growers have a lot of awful stories that hobbyists got a "CITES Plant Police Raid" and got 2-3 plants seized; police in his home. I can say, on official behalf that it is FAKE. All the plants seized are reported to CITES Office in Geneva first, and I know that, apart from some express parcels seized with 30 plants ( and just a small fine, or no fine, paid by the receiver), all the "raids" concerned people that had first a lot of plants, second were dealing in those plants.
Why so awful stories ? It's easy. It raises the price, and makes the customers more willing to pay more, and in cash ( no invoice). Byebye the taxes ( in some countries, they can be pretty hefty !). All thoses stories are really, really fake ones.
I know of a couple stories where "hobbyists" got actually a "plant raid" in their greenhouses, but many professionnal growers use hobbyists to store the dirty collected plants, therefore the "hobbyists" are not exactly "hobbyists", but partners of a commercial business ( and get cash money out of that). Same for some others "hobbyists" that were doing a lot of business underground. The real hobbyists never had any single problem so far.