1. (1) Except as otherwise provided in subsection (2) of this section, a person commits the crime of unlawful possession of phosphorus if the person knowingly possesses any amount of phosphorus.

2. (2) Subsection (1) of this section does not apply to:

   1. (a) A person who is conducting a licensed business that involves phosphorus in the manufacture of:

      1. (A) The striking surface used for lighting matches;
      2. (B) Flame retardant polymers; or
      3. (C) Fireworks if the person possesses a federal license to manufacture explosives;

   2. (b) A person who possesses phosphorus in conjunction with experiments conducted in a chemistry or chemistry related laboratory maintained by a:

      1. (A) Regularly established public or private secondary school; or
      2. (B) Public or private institution of higher education that is accredited by a regional or national accrediting agency recognized by the United States Department of Education;
   3. (c) A retail distributor, wholesaler, manufacturer, warehouseman or common carrier or an agent of any of these persons, who possesses phosphorus in the regular course of lawful business activities;
   4. (d) The possession of phosphorus as a component of a commercially produced product including, but not limited to, matchbooks, fireworks and emergency flares; or
   5. (e) A person who possesses phosphorus in a chemical compound in the regular course of a lawful agricultural activity.
3. (3) Unlawful possession of phosphorus is a Class A misdemeanor.

[2001 c.615 §4]