It is an affirmative defense to a charge of violating:

• 475.969 (unlawful possession of phosphorus)

• 475.971 (unlawful possession of anhydrous ammonia)

• 475.975 (unlawful possession or distribution of iodine in its elemental form) (1)

• 475.976 (unlawful possession of iodine matrix) (1)

that the suspect possessed the precursor substance for a lawful purpose

(1) it's a violation of this statute if the suspect sells or otherwise transfers equipment, a solvent, a reagent or a precursor substance with knowledge that the equipment, solvent, reagent or precursor substance is intended to be used in the manufacture of a controlled substance in violation of 475.752 (prohibited controlled substance acts generally)

(1) it's a violation of this statute if the subject:

(a) is a licensee or other person regulated by the provisions of 475.005 (Definitions) to 475.285 (Short title) & 475.752 (Prohibited acts generally) to 475.980 (affirmative defense...)

(b) discovers any theft or loss of any precursor substance or any difference between the quantity received & the quantity shipped; and

(c) within three (3) days after discovery of the theft or loss or actual knowledge of the discrepancy, does not report it to the Department of State Police in the manner provided by rule adopted under 475.945 (authority and duties of Department of State Police)

(2) penalties for providing false information on any report required under this statute are provided under 465.965

(1) it's a violation of this statute to do any of the following:

(a) sell, transfers or otherwise furnishes any precursor substance (substances (a) to (hh) and (oo)) & doesn't, at least three (3) days before delivery of the substance, submit to the Department of State Police a report that meets the reporting requirements established by rule under 475.945 (authority and duties of Department of State Police)

(b) receive any precursor substance (substances (a) to (hh) and (oo)) and does not, within 10 days after receipt of the substance, submit to the Department of State Police a report that meets the reporting requirements established by rule under 475.945 (authority and duties of Department of State Police)

(2) this statute doesn't apply to any of the following

(a) any pharmacist or other authorized person who sells or furnishes a precursor substance upon the prescription of a licensed: physician, physician assistant licensed, nurse practitioner, naturopathic, dentist or veterinarian

(b) any practitioner, as defined in 475.005 (definitions), who administers or furnishes a precursor substance to patients upon prescription

(c) anyone licensed by the State Board of Pharmacy who sells, transfers or otherwise furnishes a precursor substance to a licensed: pharmacy, physician, physician assistant, nurse practitioner, naturopathic physician, dentist or veterinarian for distribution to patients upon prescription

(d) anyone who is authorized by rule under 475.945 (authority and duties of Department of State Police) to report in an alternate manner if the person complies with the alternate reporting requirements

(e) any patient of a practitioner, as defined in 475.005 (definitions), who obtains a precursor substance from a licensed: pharmacy, physician, physician assistant, nurse practitioner, naturopathic physician, dentist or veterinarian pursuant to a prescription

(f) anyone who sells or transfers ephedrine, pseudoephedrine or phenylpropanolamine in compliance with 475.973 (rule making authority regarding products containing ephedrine, pseudoephedrine and phenylpropanolamine)

(g) any practitioner, as defined in 475.005 (definitions), who dispenses a precursor substance to a person with whom the practitioner has a professional relationship

(h) anyone who obtains a precursor substance from a practitioner, as defined in 475.005 (definitions), with whom the person has a professional relationship

(i) anyone who sells or transfers an isomer of a precursor substance, unless it is an optical isomer

(1) it's a violation of this statute if the suspect sells any substance, article, apparatus or device with knowledge that the substance, article, apparatus or device will be used to manufacture, compound, convert, process or prepare a controlled substance for unlawful sale or distribution

(2) it's a violation of this statute for someone to:

(a) knowingly possesses methamphetamine manufacturing waste OR

(b) knowingly disposes of methamphetamine manufacturing waste

(3) (2) of this section does not apply to the possession or disposal of methamphetamine manufacturing waste if:

(a) The person was storing, treating or disposing of the waste pursuant to state or federal laws regulating the cleanup or disposal of waste products from unlawful methamphetamine manufacturing

(b) The person has notified a law enforcement agency of the existence of the waste; or

(c) The person possesses or disposes of waste that had previously been disposed of by another person on the person's property in violation of subsection (2) of this section

(1) it's a violation of this statute if the suspect possesses one or more precursor substances with the intent to manufacture a controlled substance in violation of:

• 475.752 (prohibited controlled substance acts generally)

• 475.806 (manufacture - hydrocodone)

• 475.808 (manufacture w/in 1000ft of a school - hydrocodone)

• 475.816 (manufacture - methadone)

• 475.818 (manufacture w/in 1000ft of a school - methadone)

• 475.826 (manufacture - oxycodone)

• 475.828 (manufacture w/in 1000ft of a school - oxycodone)

• 475.846 (manufacture - heroin)

• 475.848 (manufacture w/in 1000ft of a school - heroin)

• 475.866 (manufacture - mdma)

• 475.868 (manufacture w/in 1000ft of a school - mdma)

• 475.876 (manufacture - cocaine)

• 475.878 (manufacture w/in 1000ft of a school - cocaine)

• 475.886 (manufacture - methamphetamine)

• 475.888 (manufacture w/in 1000ft of a school - methamphetamine)

(1) it's a violation of this statute if the suspect knowingly provides false information in any report or record required under:

• 475.950 (failure to report precursor substances transaction)

• 475.955 (failure to report missing precursor substances)

• 475.975 (unlawful possession or distribution of iodine in its elemental form)

• 475.976 (unlawful possession of iodine matrix)

• methyl sulfonyl methane

(1) the suspect knowingly possesses anhydrous ammonia in a container that is not approved by the U.S> Department of Transportation to hold anhydrous ammonia nor constructed to meet state and federal health & safety standards to hold anhydrous ammonia

(3) this statute doesn't apply to anyone who possesses anhydrous ammonia as part of a cleanup, as defined in 466.605 (Definitions), of anhydrous ammonia by the Department of Environmental Quality under 466.610 (department authority relating to cleanup of oil or hazardous material)

(1) M(a): except as otherwise provided in paragraph (2), it's a violation of this statute to knowingly possesses an iodine matrix

(2) paragraph (1) doesn't apply to:

(a) someone who possesses iodine matrix as a prescription drug pursuant to a prescription issued by a licensed: veterinarian, physician, physician assistant, naturopathic physician, or nurse practitioner

(b) someone who possesses iodine matrix as a prescription drug pursuant to a prescription issued by a licensed: veterinarian, physician, physician assistant, naturopathic physician, or nurse practitioner

(c) someone who possesses an iodine matrix 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

(d) a licensed veterinarian, physician, physician assistant, nurse practitioner, naturopathic physician, pharmacist or retail distributor, wholesaler, manufacturer, warehouseman or common carrier or an agent of any of these persons who possesses an iodine matrix in the regular course of lawful business activities OR

(e) someone working in a general hospital who possesses iodine in its elemental form in the regular course of employment at the hospital

(3) M(a): except as otherwise provided in paragraph (4)anyone who sells or otherwise transfers and iodine matrix to another person must 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 an iodine matrix form under paragraph (3) if they make 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) M(a): it's a violation of this statute to knowingly sell or otherwise transfer and iodine matrix to a person not listed in paragraph (2)

(1) except as otherwise provided in paragraph (2), it's a violation of this statute if the suspect knowingly possesses lithium metal or sodium metal

(2) paragraph (1) doesn't apply to:

(a) someone who is conducting a lawful manufacturing operation that involves the use of lithium metal or sodium metal

(b) anyone 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 phosphorus in the regular course of lawful business activities OR

(d) the possession of phosphorus as a component of a commercially produced product including, but not limited to, rechargeable batteries

(1) except as otherwise provided in paragraph (2), it's a violation of this statute if the suspect knowingly possesses any amount of phosphorus

(2) paragraph (1) doesn't apply to:

(a) someone conducting a licensed business that involves phosphorus in manufacturing:

(A) the striking surface used for lighting matches

(B) flame retardant polymers OR

(C) fireworks if the suspect possesses a federal license to manufacture explosives

(b) anyone 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 & emergency flares OR

(e) anyone who possesses phosphorus in a chemical compound in the regular course of a lawful agricultural activity

(1) M(a): except as otherwise provided in paragraph (2), it's a violation of this statute to knowingly possesses iodine in its elemental form

(2) paragraph (1) doesn't apply to:

(a) a licensed physician, physician assistant, nurse practitioner, naturopathic physician or 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) someone 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) someone working in a general hospital who possesses iodine in its elemental form in the regular course of employment at the hospital OR

(e) someone who possesses iodine in its elemental form as a prescription drug pursuant to a prescription issued by a licensed: veterinarian, physician, physician assistant, naturopathic physician, or nurse practitioner

(3) M(a): except as otherwise provided in paragraph (4)anyone who sells or otherwise transfers iodine in its elemental form to another person must 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 paragraph (3) if they make 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) M(a): it's a violation of this statute to knowingly sell or otherwise transfer iodine in its elemental form to a person not listed in paragraph (2)