(1) Except as otherwise provided in subsection (2) of this section, a person commits the crime of unlawful possession of iodine in its elemental form if the person knowingly possesses iodine in its elemental form.
(2) Subsection (1) of this section does not apply to:
(a) A physician, pharmacist, retail distributor, wholesaler, manufacturer, warehouseman or common carrier or an agent of any of these persons who possesses iodine in its elemental form in the regular course of lawful business activities;
(b) A person who possesses iodine in its elemental form in conjunction with experiments conducted in a chemistry or chemistry related laboratory maintained by a:
(A) Regularly established public or private secondary school;
(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; or
(C) Manufacturing, government agency or research facility in the course of lawful business activities;
(c) A licensed veterinarian;
(d) A person working in a general hospital who possesses iodine in its elemental form in the regular course of employment at the hospital; or
(e) A person who possesses iodine in its elemental form as a prescription drug pursuant to a prescription issued by a licensed veterinarian or physician.
(3) Except as otherwise provided in subsection (4) of this section, a person who sells or otherwise transfers iodine in its elemental form to another person shall make a record of each sale or transfer. The record must be made on a form provided by the Department of State Police, completed pursuant to instructions provided by the department and retained by the person for at least three years or sent to the department if directed to do so by the department. Failure to make and retain or send a record required under this subsection is a Class A misdemeanor.
(4) A licensed veterinarian is not required to make a record of a sale or transfer of iodine in its elemental form under subsection (3) of this section if the veterinarian makes a record of the sale or transfer under other applicable laws or rules regarding the prescribing and dispensing of regulated or controlled substances by veterinarians.
(5) A person commits the crime of unlawful distribution of iodine in its elemental form if the person knowingly sells or otherwise transfers iodine in its elemental form to a person not listed in subsection (2) of this section.
(6) Unlawful possession of iodine in its elemental form is a Class A misdemeanor.
(7) Unlawful distribution of iodine in its elemental form is a Class A misdemeanor. [2001 c.615 §7; 2005 c.706 §14]
Section: Previous 475.960 475.962 475.965 475.967 475.969 475.971 475.973 475.975 475.976 475.977 475.978 475.979 475.980 475.981 475.982 NextLast modified: August 7, 2008