Controlled Substances

ORS 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.

(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]
Source

Last accessed
May 30, 2023

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