(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) Subsection (1) of this section does not apply to:
(a) A person who is conducting a licensed business that involves phosphorus in the manufacture of:
(A) The striking surface used for lighting matches;
(B) Flame retardant polymers; or
(C) Fireworks if the person possesses a federal license to manufacture explosives;
(b) A person who possesses phosphorus in conjunction with experiments conducted in a chemistry or chemistry related laboratory maintained by a:
(A) Regularly established public or private secondary school; or
(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;
(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;
(d) The possession of phosphorus as a component of a commercially produced product including, but not limited to, matchbooks, fireworks and emergency flares; or
(e) A person who possesses phosphorus in a chemical compound in the regular course of a lawful agricultural activity.
(3) Unlawful possession of phosphorus is a Class A misdemeanor. [2001 c.615 §4]