(1) Except as otherwise provided in subsection (2) of this section, a person commits the crime of unlawful possession of lithium metal or sodium metal if the person knowingly possesses lithium metal or sodium metal.
(2) Subsection (1) of this section does not apply to:
(a) A person who is conducting a lawful manufacturing operation that involves the use of lithium metal or sodium metal;
(b) A person who possesses lithium metal or sodium metal 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 lithium metal or sodium metal in the regular course of lawful business activities; or
(d) A person who possesses lithium metal or sodium metal as a component of a commercially produced product including, but not limited to, rechargeable batteries.
(3) Unlawful possession of lithium metal or sodium metal is a Class A misdemeanor. [2005 c.706 §9]
Note: 475.979 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 475 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
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