Oregon Statutes 475.969 – Unlawful possession of phosphorus
(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.
Attorney's Note
Under the Oregon Statutes, punishments for crimes depend on the classification. In the case of this section:Class | Prison | Fine |
---|---|---|
Class A misdemeanor | up to 364 days | up to $6,250 |
Terms Used In Oregon Statutes 475.969
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- United States: includes territories, outlying possessions and the District of Columbia. See Oregon Statutes 174.100
(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]