(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.
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